Case: 12-30162 Document: 00512003259 Page: 1 Date Filed: 09/28/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
September 28, 2012
No. 12-30162
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
BRANDON SMITH, also known as Taburk,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:00-CR-319-3
Before WIENER, ELROD, and GRAVES, Circuit Judges.
PER CURIAM:*
Brandon Smith, federal prisoner # 27265-034, appeals the denial of a
motion for a sentence reduction under 18 U.S.C. § 3582(c)(2). Smith argues that
the denial of the motion has resulted in an above-guidelines sentence, even
though he was initially sentenced within the Sentencing Guidelines. We review
the district court’s decision for abuse of discretion. United States v. Evans, 587
F.3d 667, 672 (5th Cir. 2009).
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-30162 Document: 00512003259 Page: 2 Date Filed: 09/28/2012
No. 12-30162
In this case, the district court determined that Smith was eligible for a
reduction in sentence based on Amendment 750 of the Sentencing Guidelines;
however, the court concluded that a reduction was not appropriate due to
Smith’s misconduct while incarcerated. See Dillon v. United States, 130 S. Ct.
2683, 2691 (2010). The district court properly considered Smith’s post-
sentencing conduct in determining whether to grant relief under § 3582(c)(2).
U.S.S.G. § 1B1.10, comment. (n.1(B)(iii)); United States v. Larry, 632 F.3d 933,
936 (5th Cir. 2011). Moreover, the court had no obligation to grant such relief.
See Evans, 587 F.3d at 673-74.
AFFIRMED.
2