USA v. Allen, No. 08-31193 (5th Cir. 2010)

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Case: 08-31193 Document: 00511086340 Page: 1 Date Filed: 04/20/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 08-31193 Conference Calendar April 20, 2010 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ERNEST ALLEN, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:91-CR-489-1 Before SMITH, PRADO, and HAYNES, Circuit Judges. PER CURIAM:* Ernest Allen, federal prisoner # 22651-034, appeals the district court s grant of his 18 U.S.C. § 3582(c)(2) motion to reduce his sentence based on the amendments to the crack cocaine Guideline. Allen argues that the district court s decision to reduce his sentence by only 12 months was an abuse of discretion. Reductions under § 3582(c)(2) are not mandatory and are reviewed for an abuse of discretion. United States v. Doublin, 572 F.3d 235, 237-38 (5th Cir.), * Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR . R. 47.5.4. Case: 08-31193 Document: 00511086340 Page: 2 No. 08-31193 Date Filed: 04/20/2010 cert. denied, 130 S. Ct. 517 (2009). In Allen s case, the district court did not base its decision on an error of law or a clearly erroneous assessment of the evidence. See id. at 237; see United States v. Smith, 417 F.3d 483, 486-87 (5th Cir. 2005); 18 U.S.C. § 3553(a); U.S.S.G. § 1B1.10, comment. (n.1(B)(i)-(iii)). Also, the district court s failure to provide case-specific reasons for its decision does not constitute reversible error. See United States v. Evans, 587 F.3d 667, 672-74 (5th Cir. 2009), petition for cert. filed (Jan. 28, 2010) (No. 09-8939). The judgment of the district court is AFFIRMED. 2

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