United States v. Thomas

Opinion

Case: 20-30210 Document: 00515978759 Page: 1 Date Filed: 08/13/2021

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

FILED August 13, 2021 No. 20-30210 Lyle W. Cayce Summary Calendar Clerk

United States of America,

Plaintiff—Appellee,

versus

Jereme Thomas,

Defendant—Appellant.

Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:06-CR-269-1

Before King, Costa, and Ho, Circuit Judges. Per Curiam:* Jereme Thomas, federal prisoner # 29977-034, appeals the denial of his motion under § 404 of the First Step Act of 2018, Pub. L. No. 115-391, 132 Stat. 5194, 5222, to reduce his 240-month sentence for conspiracy to distribute cocaine base. We review the district court’s decision to deny a

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 20-30210 Document: 00515978759 Page: 2 Date Filed: 08/13/2021

No. 20-30210

First Step Act reduction for an abuse of discretion. United States v. Jackson, 945 F.3d 315, 319 (5th Cir. 2019), cert. denied, 140 S. Ct. 2699 (2020). Although Thomas contends that the district court failed to acknowledge the applicable amended guidelines range, the order denying the First Step Act motion listed the amended guidelines range and the amended statutory minimum. Thomas also argues that the district court did not adequately explain its reasons for denying First Step Act relief, but Thomas’s arguments in his motion were before the district court, which gave specific reasons, tied to relevant 18 U.S.C. § 3553(a) factors, for denying a reduction. See United States v. Batiste, 980 F.3d 466, 479 (5th Cir. 2020). AFFIRMED.