Case: 09-30239 Document: 00511086579 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. 09-30239
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
PATRICK FRANKLIN,
Defendant-Appellant
Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 3:96-CR-17-3
Before SMITH, PRADO, and HAYNES, Circuit Judges.
PER CURIAM:*
Patrick Franklin, federal prisoner # 02736-095, 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. Franklin argues that the limited
reduction of only 12 months was an abuse of discretion. He also argues that the
district court failed to indicate that it had considered the applicable sentencing
factors.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-30239 Document: 00511086579 Page: 2 Date Filed: 04/20/2010
No. 09-30239
We review a district court’s decision to reduce a sentence for an abuse of
discretion, and its interpretation of the Sentencing Guidelines is reviewed de
novo. United States v. Doublin, 572 F.3d 235, 237 (5th Cir.), cert. denied, 130
S. Ct. 517 (2009). Franklin’s contentions are foreclosed by United States v.
Evans, 587 F.3d 667 (5th Cir. 2009), petition for cert. filed (Jan. 28, 2010) (No.
09-8939). As we stated in Evans, a district court is under no obligation to reduce
the sentence at all or to reduce it even further within the recalculated range. Id.
at 673. To the extent that Franklin is asserting that the district court did not
sufficiently explain its reasons for the reduced sentence, Evans also forecloses
such an argument. See id. at 674.
AFFIRMED.
2