Case: 08-31193 Document: 00511086340 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. 08-31193
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ERNEST ALLEN,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:91-CR-489-1
Before SMITH, PRADO, and HAYNES, Circuit Judges.
PER CURIAM:*
Ernest Allen, federal prisoner # 22651-034, 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. Allen argues that the district
court’s decision to reduce his sentence by only 12 months was an abuse of
discretion.
Reductions under § 3582(c)(2) are not mandatory and are reviewed for an
abuse of discretion. United States v. Doublin, 572 F.3d 235, 237-38 (5th Cir.),
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 08-31193 Document: 00511086340 Page: 2 Date Filed: 04/20/2010
No. 08-31193
cert. denied, 130 S. Ct. 517 (2009). In Allen’s case, the district court did not base
its decision on an error of law or a clearly erroneous assessment of the evidence.
See id. at 237; see United States v. Smith, 417 F.3d 483, 486-87 (5th Cir. 2005);
18 U.S.C. § 3553(a); U.S.S.G. § 1B1.10, comment. (n.1(B)(i)-(iii)). Also, the
district court’s failure to provide case-specific reasons for its decision does not
constitute reversible error. See United States v. Evans, 587 F.3d 667, 672-74
(5th Cir. 2009), petition for cert. filed (Jan. 28, 2010) (No. 09-8939).
The judgment of the district court is AFFIRMED.
2