USA v. Kristopher Brock, No. 19-20786 (5th Cir. 2020)

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The court issued a subsequent related opinion or order on January 13, 2021.

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Case: 19-20786 Document: 00515430322 Page: 1 Date Filed: 05/27/2020 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 19-20786 Summary Calendar United States Court of Appeals Fifth Circuit FILED May 27, 2020 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. KRISTOPHER BROCK, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:02-CR-364-1 Before KING, GRAVES, and WILLETT, Circuit Judges. PER CURIAM: * Kristopher Brock is serving a 360-month sentence imposed in 2004 following his guilty plea to two counts of possession with intent to distribute five grams or more of cocaine base. He moved for resentencing under the First Step Act of 2018 (FSA), § 404, Pub. L. No. 115-391, 132 Stat. 5194, 5222 (2018). The district court denied the motion; however, the reason for the district court’s denial is not apparent from the record. We thus REMAND for the limited 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 19-20786 Document: 00515430322 Page: 2 Date Filed: 05/27/2020 No. 19-20786 purpose of allowing the district court to explain why it denied Brock’s motion, and we retain jurisdiction as is customary for limited remands. See United States v. Jackson, 945 F.3d 315, 318 (5th Cir. 2019) (affirming after a limited remand for the district court to provide reasons for the denial of the defendant’s FSA motion), cert. denied, No. 19-8036, 2020 WL 1906710 (U.S. Apr. 20, 2020); see, e.g., United States v. Gomez, 905 F.3d 347, 354-56 (5th Cir. 2018). 2

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