Case: 16-30626 Document: 00513801322 Page: 1 Date Filed: 12/16/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-30626
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
December 16, 2016
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
CLINTON RODRIGUEZ, also known as South,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:07-CR-352-9
Before KING, DENNIS, and COSTA, Circuit Judges.
PER CURIAM: *
Clinton Rodriguez appeals the district court’s refusal to grant a sentence
reduction under 18 U.S.C. § 3582(c)(2). Rodriguez argues that he was eligible
for a sentence reduction and should have received one even though his initial
sentence was twice reduced for his substantial assistance to authorities.
The district court correctly recognized that Rodriguez was eligible for a
reduction, but it declined to award one, noting that Rodriguez’s current 150-
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-30626 Document: 00513801322 Page: 2 Date Filed: 12/16/2016
No. 16-30626
month sentence was already well below the 240-month statutory minimum
sentence he originally faced. The district court’s decision is reviewed for an
abuse of discretion, and it was not required to reduce the sentence simply
because Rodriguez is eligible. See United States v. Cooley, 590 F.3d 293, 297
(5th Cir. 2009); United States v. Evans, 587 F.3d 667, 672 (5th Cir. 2009). The
court considered the relevant factors and did not abuse its discretion by
declining to award any further reduction. See Cooley, 590 F.3d at 297.
The judgment is AFFIRMED.
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