Case: 21-50061 Document: 00516154560 Page: 1 Date Filed: 01/05/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
January 5, 2022
No. 21-50061 Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Jeremias Santiago Hernandez,
Defendant—Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 6:09-CR-216-4
Before Davis, Jones, and Elrod, Circuit Judges.
Per Curiam:*
Jeremias Santiago Hernandez, federal prisoner # 39692-177, appeals
the district court’s denial of his motion for a sentence reduction pursuant to
18 U.S.C. § 3582(c)(1)(A)(i). On appeal, he contends that the district court
failed to weigh all the 18 U.S.C. § 3553(a) sentencing factors and did not take
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 21-50061 Document: 00516154560 Page: 2 Date Filed: 01/05/2022
No. 21-50061
into consideration all his extraordinary and compelling reasons for a sentence
reduction.
We review a district court’s decision denying compassionate release
for an abuse of discretion. United States v. Chambliss, 948 F.3d 691, 693 (5th
Cir. 2020). A district court may modify a defendant’s sentence, after
considering the applicable § 3553(a) factors, if “extraordinary and
compelling reasons warrant such a reduction” and “such a reduction is
consistent with applicable policy statements issued by the Sentencing
Commission.” § 3582(c)(1)(A)(i). The record reflects that the district court
did not abuse its discretion in determining that a sentence reduction was not
warranted based on its review of the § 3553(a) sentencing factors.
Accordingly, the district court’s order is AFFIRMED.
2