Case: 12-10044 Document: 00511900151 Page: 1 Date Filed: 06/26/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 26, 2012
No. 12-10044
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JOHN WAYNE WASHINGTON,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:06-CR-21-1
Before REAVLEY, SMITH, and PRADO, Circuit Judges.
PER CURIAM:*
John Wayne Washington, federal prisoner # 20139-077, appeals the
district court’s ruling on his 18 U.S.C. § 3582(c)(2) motion seeking modification
of his 240-month above-guidelines sentence for distribution and possession with
intent to distribute crack cocaine, aiding and abetting. The district court
granted Washington’s motion, determining that he was eligible for a reduction
under Amendment 750 to the Guidelines. The court imposed an amended
sentence of 190 months of imprisonment, which was above the amended
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-10044 Document: 00511900151 Page: 2 Date Filed: 06/26/2012
No. 12-10044
guidelines range of 100 to 125 months. Washington argues that the district
court abused its discretion by imposing a sentence above the amended guidelines
range.
We review for abuse of discretion a district court’s decision whether to
reduce a sentence pursuant to 18 U.S.C. § 3582(c)(2). United States v. Evans,
587 F.3d 667, 672 (5th Cir. 2009). In determining whether to reduce a sentence,
the district court first determines whether the defendant is eligible for a
reduction and the extent of the reduction authorized. Dillon, 130 S. Ct. 2683,
2691 (2010). Next, the court must consider any applicable § 3553(a) factors and
determine whether a reduction is warranted in whole are in part under the
circumstances. Id. at 2692.
The district court was not under any obligation to reduce Washington’s
sentence at all and was therefore “under no obligation to reduce it even further
within the recalculated range.” Evans, 587 F.3d at 673. In the instant case, the
record shows that the district court gave due consideration to the motion as a
whole and considered the § 3553(a) factors; thus, there is no abuse of discretion.
See United States v. Whitebird, 55 F.3d 1007, 1010 (5th Cir. 1995).
Accordingly, the judgment of the district court is AFFIRMED.
2