647 F. App'x 376

UNITED STATES of America, Plaintiff-Appellee, v. Jesus AGUILAR-SANCHEZ, also known as Jesus Aguilar Sanchez, Defendant-Appellant.

No. 15-50414

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

April 29, 2016.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, San Antonio,' TX, for Plaintiff-Appellee.

Bradford W. Bogan, Assistant Federal Public Defender, Maureen Scott Franco, Federal Public Defender, Federal Public Defender’s Office, San Antonio, TX, for Defendant-Appellant.

Before REAVLEY, SMITH, and HAYNES, Circuit Judges.

PER CURIAM: *

Jesus Aguilar-Sanchez, federal prisoner #70345-280, appeals the denial of a sentence reduction under 18 U.S.C. § 3582(c)(2). The district court originally sentenced him to 90 months — within the guideline range of 87 to 108 months — for possessing with intent to distribute cocaine. The court went below the 10-year statutory minimum in 21 U.S.C. § 841(b)(1)(A) — even though the offense involved more than five kilograms of cocaine — because Aguilar-Sanchez met the conditions for the safety valve in 18 U.S.C. § 3553(f). Later, the Sentencing Commission retroactively lowered the guideline range to 70 to 87 months, see U.S.S.GApp. C, Amend. 782, and the parties moved the court to reduce the sentence to 72 months under § 3582(c)(2),

The district court acknowledged Aguilar-Sanchez’s eligibility for a reduction but denied it. We review that decision for abuse of discretion. United States v. Henderson, 636 F.3d 713, 717 (5th Cir.2011).

Aguilar-Sanchez claims that the court gave improper weight to the unusually *377high purity of the cocaine, which the court noted can be a basis for an upward departure. See U.S.S.G. § 2D1.1, comment, (n. 27(C)). The court was not upwardly departing here but, instead, was only considering the relevant factors. See § 3553(a)(1), (2)(A), (5)(A); U.S.S.G. § 1B1.10, comment, (n. 1(B)), p.s.; see also U.S.S.G. § 1B1.7. Aguilar-Sanchez also urges that the court should not have treated the prior safety-valve reduction under U.S.S.G. §§ 2Dl.l(b)(16) and 5C1.2 and § 3553(f) as weighing against a reduction in the sentence, but the court properly took into account the context of the original sentence when it decided against a reduction. See, e.g., United States v. Evans, 587 F.3d 667, 673 & n. 11 (5th Cir.2009); see also § 3553(a)(2)(A). Aguilar-Sanchez’s contention that the court failed to accord adequate weight to the need to avoid unwarranted sentencing disparities, see § 3553(a)(6), is also unavailing. See United States v. Smith, 595 F.3d 1322, 1323 (5th Cir.2010).

AFFIRMED.

United States v. Aguilar-Sanchez
647 F. App'x 376

Case Details

Name
United States v. Aguilar-Sanchez
Decision Date
Apr 29, 2016
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647 F. App'x 376

Jurisdiction
United States

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