Opinion
23-30606
04-17-2024
United States of America, Plaintiff-Appellee, v. Michael Short, Defendant-Appellant.
Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:96-CR-232-1
Before HIGGINBOTHAM, STEWART, and SOUTHWICK, Circuit Judges
PER CURIAM:[*]
Michael Short, federal prisoner # 22355-034, appeals the denial of his 18 U.S.C. § 3582(c)(2) motion for a sentence reduction and the subsequent denial of his Federal Rule of Civil Procedure 59(e) motion. He contends the district court erred when it denied him a sentence reduction based on Amendment 591 of the Sentencing Guidelines.
We review the denials at issue for an abuse of discretion. United States v. Lopez, 989 F.3d 327, 332 (5th Cir. 2021). As the district court correctly reasoned, Short was sentenced under U.S.S.G. § 2K2.1(c)(1)(B) and its cross-reference to U.S.S.G. § 2A1.1 such that Amendment 591 did not lower his Guidelines range. Consequently, the district court did not abuse its discretion by denying relief. See Lopez, 989 F.3d at 332; Trevino v. City of Fort Worth, 944 F.3d 567, 570 (5th Cir. 2019); United States v. Anderson, 591 F.3d 789, 791 (5th Cir. 2009).
AFFIRMED.
[*] This opinion is not designated for publication. See 5TH CIR. R. 47.5.4.