United States v. Michael Hawley

Case: 16-41038 Document: 00514043151 Page: 1 Date Filed: 06/21/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals

No. 16-41038
Fifth Circuit

FILED
Summary Calendar June 21, 2017
Lyle W. Cayce
UNITED STATES OF AMERICA, Clerk

Plaintiff-Appellee

v.

MICHAEL JAY HAWLEY,

Defendant-Appellant

Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:08-CR-49-1

Before HIGGINBOTHAM, PRADO, and HAYNES, Circuit Judges.
PER CURIAM: *
Michael Jay Hawley, federal prisoner # 15687-078, was convicted of
conspiracy to manufacture methamphetamine and possession of a firearm
during and in furtherance of a drug trafficking crime. He appeals the denial
of his 18 U.S.C. § 3582(c)(2) motion for a reduction of sentence. Hawley argues
that he is entitled to a reduction under Sentencing Guidelines Amendment 782
and contends that the district court should have applied the offense level

* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-41038 Document: 00514043151 Page: 2 Date Filed: 06/21/2017

No. 16-41038

agreed upon in the plea agreement. He also asserts that the district court
offered insufficient reasons for denying the motion.
Hawley is ineligible for a sentence reduction because he was sentenced
below the amended guidelines range of imprisonment. See U.S.S.G.
§ 1B1.10(b)(2)(A), p.s.; United States v. Doublin, 572 F.3d 235, 238 (5th Cir.
2009). The district court was not required to provide reasons for its denial of
the § 3582(c)(2) motion. See United States v. Evans, 587 F.3d 667, 674 (5th Cir.
2009).
The judgment of the district court is AFFIRMED.

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