United States v. Marshall

Opinion

Case: 22-60090 Document: 00516562997 Page: 1 Date Filed: 12/01/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

FILED December 1, 2022 No. 22-60090 Lyle W. Cayce Summary Calendar Clerk

United States of America,

Plaintiff—Appellee,

versus

Randy Laverne Marshall,

Defendant—Appellant.

Appeals from the United States District Court for the Southern District of Mississippi USDC Nos. 1:13-CR-51-1, 1:14-CR-1-1

Before King, Higginson, and Willett, Circuit Judges. Per Curiam:* Randy Laverne Marshall, federal prisoner #17550-043, appeals the district court’s denial of his motion under 18 U.S.C. § 3582(c)(1)(A)(i) to reduce his 1,704-month prison sentence. Proceeding pro se, Marshall contends the district court failed to properly balance the 18 U.S.C. § 3553(a) sentencing factors.

* This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-60090 Document: 00516562997 Page: 2 Date Filed: 12/01/2022

No. 22-60090

We review a district court’s decision whether to reduce a sentence under § 3582 for an abuse of discretion. United States v. Chambliss, 948 F.3d 691, 693 (5th Cir. 2020). Here, the district court, in determining that the sentencing factors did not weigh in favor of a sentence reduction, expressly considered Marshall’s history and characteristics, his rehabilitation efforts, the seriousness of his offense, and the need to protect the public, to provide just punishment for the offense, and to deter future criminal conduct. See § 3553(a)(1)–(2). Marshall points to no error of law or clearly erroneous assessment of the evidence. See Chambliss, 948 F.3d at 693. His disagreement with how the district court balanced the § 3553(a) factors is insufficient to demonstrate an abuse of discretion. See id. at 694. AFFIRMED.