Legal Opinion

United States v. Antonio Berry

Court of Appeals for the Fifth Circuit

Decided August 1, 2017No. 16-40353 Summary CalendarPublishedCited by 1 opinion

1Per curiam

Antonio Berry, federal prisoner # 03256-043, appeals, on the basis of Amendment 782 to the Sentencing Guidelines, the denial of his 18 U.S.C. § 3582(c)(2) motion to reduce his sentence. Reviewing for abuse of discretion, we affirm. See United States v. Evans, 587 F.3d 667, 672 (5th Cir. 2009).

Berry’s brief is based entirely on his unsupported assumption that he is eligible for a reduction in sentence under Amendment 782. Because he has not assigned error to, or briefed, the issue of his eligibility for a reduction under Amendment 782, review of that issue is waived. See Yohey v. Collins, 985…

2Cases cited9 opinions

  1. Leslie Wayne Yohey v. James A. Collins, Director Department of Criminal Justice Institutional DivisionCourt of Appeals for the Fifth Circuit · 1993
  2. Dillon v. United StatesSupreme Court of the United States · 2010
  3. Reginald R. Brinkmann, Jr. v. Dallas County Deputy Sheriff AbnerCourt of Appeals for the Fifth Circuit · 1987
  4. United States v. EvansCourt of Appeals for the Fifth Circuit · 2009
  5. United States v. Malcolm Jones WhitebirdCourt of Appeals for the Fifth Circuit · 1995

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3Cited by1 opinion

  1. United States v. John MittsCourt of Appeals for the Fifth Circuit · 2019

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