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United States v. Brock

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
May 27, 2020
No. 19-20786 (5th Cir. May. 27, 2020)

Opinion

No. 19-20786

05-27-2020

UNITED STATES OF AMERICA, Plaintiff-Appellee v. KRISTOPHER BROCK, Defendant-Appellant


Summary Calendar 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:

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

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 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).


Summaries of

United States v. Brock

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
May 27, 2020
No. 19-20786 (5th Cir. May. 27, 2020)
Case details for

United States v. Brock

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff-Appellee v. KRISTOPHER BROCK…

Court:UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

Date published: May 27, 2020

Citations

No. 19-20786 (5th Cir. May. 27, 2020)