USA v. Richard Garcia, No. 15-40817 (5th Cir. 2017)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on August 1, 2017.
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Case: 15-40817 Document: 00514115158 Page: 1 Date Filed: 08/14/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-40817 United States Court of Appeals Fifth Circuit FILED August 14, 2017 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff - Appellee v. RICHARD DANIEL GARCIA, Defendant - Appellant Appeals from the United States District Court for the Southern District of Texas USDC No. 2:09-CR-297-1 Before STEWART, Chief Judge, and JONES and CLEMENT, Circuit Judges. PER CURIAM:* The panel entered a limited remand in this case in an opinion dated August 1, 2017. Upon receipt of the district court’s order dated August 7, 2017, the panel now files this supplement to our prior opinion. The district court order states that the district court “did not consider new information in the Addendum to deny Garcia’s motion” for a 18 U.S.C. § 3582(c)(2) sentence reduction. The denial of the sentence reduction was based on Garcia’s past criminal history and his continued threat to public safety. Therefore, as the 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-40817 Document: 00514115158 Page: 2 Date Filed: 08/14/2017 No. 15-40817 court did not consider the new evidence in the Addendum, there was no error. Therefore we AFFIRM the district court. 2
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