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United States v. Henderson

This consolidated appeal involves three district courts and three defendants: Cedric Henderson Jr., Donavan Barrington McClune and Bobby Kirkendoll. The defendants each argue that the district court erred by failing to reconsider the sentencing factors set forth in 18 U.S.C. �3553(a) when it evaluated his motion. The district courts' use of the word "accordingly" in their decisions indicates that they relied on the evaluation of the �3553(a) factors undertaken at the original sentencing and declined to conduct a new evaluation of those factors. These courts did not recognize, and therefore did not satisfy, the requirement that they reconsider the �3553(a) factors when deciding whether to reduce a sentence in response to a � 3582(c)(2) motion. Therefore, the district courts' denial of the defendants' motions for sentence reduction under 18 U.S.C. �3582(c)(2) is reversed and remanded for re-evaluation of the motions. 5th U.S. Circuit Court of Appeals, Nos. 08-30998, 08-31098, c/w 08-31142, 03-24-2011

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United States Court of Appeals Fifth Circuit

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