Case: 08-50597 Document: 00511086473 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. 08-50597
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
MICHAEL MERIDYTH,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:99-CR-36-ALL
Before SMITH, PRADO, and HAYNES, Circuit Judges.
PER CURIAM:*
Michael Meridyth, federal prisoner # 10030-051, 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. He argues that the reduced
sentence imposed by the district court was greater than necessary to achieve the
goals of 18 U.S.C. § 3553(a) because his offense of conviction was relatively
minor, his sentence would have been much lower if his offense had involved
powder cocaine rather than cocaine base, his prior conviction for aggravated
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 08-50597 Document: 00511086473 Page: 2 Date Filed: 04/20/2010
No. 08-50597
battery occurred a very long time ago, he has been rehabilitated while in prison,
and he will be employed and have family support upon his release from prison.
We review the district court’s decision whether to reduce a sentence under
§ 3582(c)(2) for an abuse of discretion. United States v. Evans, 587 F.3d 667, 672
(5th Cir. 2009), petition for cert. filed (Jan. 28, 2010) (No. 09-8939). The district
court explicitly considered Meridyth’s arguments presented at resentencing and
the § 3553(a) factors before it imposed the reduced sentence, which was within
the lowered guidelines range. The district court did not abuse its discretion in
this case. See id.
AFFIRMED.
2