Summary
In Lyle, the lower court had relied on the § 924(c) non-retroactive sentencing change and “the discrepancy of comparative sentences” in finding extraordinary and compelling reason for reducing the sentence.
Summary of this case from United States v. PerkinsOpinion
21-20005
01-12-2022
United States of America, Plaintiff-Appellee, v. David Leon Lyle, Defendant-Appellant.
Appeal from the United States District Court for the Southern District of Texas USDC No. 4:02-CR-616-1
Before Davis, Jones, and Elrod, Circuit Judges.
Per Curiam: [*]
David Leon Lyle, federal prisoner # 15855-179, appeals the district court's order reducing his aggregate sentence from 1, 141 months to 493 months of imprisonment, pursuant to 18 U.S.C. § 3582(c)(1)(A)(i). He argues that the district court abused its discretion by granting a sentence reduction that was smaller than he requested.
Reviewing the district court's decision for abuse of discretion, we affirm. See United States v. Chambliss, 948 F.3d 691, 693 (5th Cir. 2020). We are unpersuaded by Lyle's arguments with respect to (1) the district court's consideration of the 18 U.S.C. § 3553(a) factors, see id. at 693-94, (2) the procedures employed by the district court, see Dickens v. Lewis, 750 F.2d 1251, 1255 (5th Cir. 1984); Fed. R. Crim. P. 43(b)(4), or (3) Alleyne v. United States, 570 U.S. 99 (2013), and United States v. Booker, 543 U.S. 220 (2005).
Accordingly, the judgment of the district court is AFFIRMED. Lyle's motion for the appointment of counsel is DENIED.
[*] Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.