Case: 08-30752 Document: 00511085799 Page: 1 Date Filed: 04/20/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 20, 2010
No. 08-30752
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ROBERT W. CLARK, JR.,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 5:98-CR-50036-1
Before SMITH, PRADO, and HAYNES, Circuit Judges.
PER CURIAM:*
Robert W. Clark, Jr., federal prisoner # 09895-035, appeals the district
court’s grant of his 18 U.S.C. § 3582(c)(2) motion to reduce his sentence based on
the amendments to the crack cocaine Guideline. Clark argues that, pursuant to
United States v. Booker, 543 U.S. 220 (2005), Kimbrough v. United States, 552
U.S. 85 (2007), and United States v. Hicks, 472 F.3d 1167 (9th Cir. 2007), the
district court had the discretion to depart from the amended guidelines range
and that the court erred when it failed to give reasons why it did not grant a
*
Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .
R. 47.5.4.
Case: 08-30752 Document: 00511085799 Page: 2 Date Filed: 04/20/2010
No. 08-30752
greater than two offense level reduction. Clark further argues that 28 U.S.C.
§ 994(u) does not grant the Sentencing Commission the authority to bind the
district court’s discretion in § 3582 cases.
We review a district court’s decision whether to reduce a sentence under
§ 3582(c)(2) for an abuse of discretion, and its interpretation of the Sentencing
Guidelines is reviewed de novo. United States v. Doublin, 572 F.3d 235, 238 (5th
Cir.), cert. denied, 130 S. Ct. 517 (2009). Booker is inapplicable to sentence
reductions under § 3582(c)(2), and a district court cannot reduce a sentence
below the minimum provided in the amended guidelines range. Id. at 238.
Furthermore, a district court is not required to state findings of facts and
conclusions of law when granting a § 3582(c)(2) motion. United States v. Evans,
587 F.3d 667, 674 (5th Cir. 2009), petition for cert. filed (Jan. 28, 2010) (No. 09-
8939).
AFFIRMED.
2