United States v. Short

Opinion

Case: 23-30606 Document: 57-1 Page: 1 Date Filed: 04/17/2024

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

FILED

No. 23-30606 April 17, 2024 Summary Calendar Lyle W. Cayce ____________ Clerk

United States of America,

Plaintiff—Appellee,

versus

Michael Short,

Defendant—Appellant.

______________________________

Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:96-CR-232-1

______________________________

Before Higginbotham, Stewart, and Southwick, Circuit Judges. Per Curiam: * Michael Short, federal prisoner # 22355-034, appeals the denial of his 18 U.S.C. § 3582(c)(2) motion for a sentence reduction and the subsequent denial of his Federal Rule of Civil Procedure 59(e) motion. He contends the

_____________________

*

This opinion is not designated for publication. See 5th Cir. R. 47.5.4.

Case: 23-30606 Document: 57-1 Page: 2 Date Filed: 04/17/2024

district court erred when it denied him a sentence reduction based on Amendment 591 of the Sentencing Guidelines.

We review the denials at issue for an abuse of discretion. United States v. Lopez, 989 F.3d 327, 332 (5th Cir. 2021). As the district court correctly reasoned, Short was sentenced under U.S.S.G. § 2K2.1(c)(1)(B) and its cross-reference to U.S.S.G. § 2A1.1 such that Amendment 591 did not lower his Guidelines range. Consequently, the district court did not abuse its discretion by denying relief. See Lopez, 989 F.3d at 332; Trevino v. City of Fort Worth, 944 F.3d 567, 570 (5th Cir. 2019); United States v. Anderson, 591 F.3d 789, 791 (5th Cir. 2009).

AFFIRMED.