# United States Court **of Appeals**  **f or the Fifth Circuit** 

No. 20

- 30282 Summary Calendar

**United States of America,**
Plaintiff

— Appellee **,**

versus
**Chris Walker,**
Defendant

— Appellant

**.**

Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:05

- CR

- 297

- 1

Before **Barksdale, Graves, Oldham,** Circuit Judges

**. Per Curiam**  **:** *
In 2007, Chris Walker, federal prisoner # 29622

- 034, pleaded guilty

to: conspiracy to distribute , and possess with intent to distribute , 50 grams or more of cocaine base, 500 grams or more of cocaine hydrochloride , and marijuana , in violation of 21 U.S.C. §§ 841(a)(1), (b)(1), and 846 ( c ount o ne) ;

* Pursuant to **5th Cir cuit**  **R ule**  47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in **5th Cir cuit**  **R ul**  **e** 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED March 22, 2021 Lyle W. Cayce Clerk Case: 20-30282 Document: 00515789778 Page: 1 Date Filed: 03/22/2021No. 20

- 30282

2 possession with intent to distribute 50 grams or more of cocaine base, 500 grams or more of cocaine hydrochloride, and marijuana, in violation of §§ 841(a)(1) and (b)(1) ( c ount t wo) ; felon in possession of a firearm, in violation of 18 U.S .C. § 922(g)(1) ( c ount three ) ; conspiracy to murder a federal agent, in violation of 18 U.S.C. §§ 1114 and 1117 ( c ount f our) ; and solicitation to murder a federal witness, in violation of 18 U.S.C. § 373 ( c ount

s even)

. Walker was sentenced to, inter alia , life imprisonment.

Walker challenges the district court’s denial of his motion for a reduced sentence , in which Walker requested relief pursuant to § 404 of the First Step Act of 2018 (First Step Act), Pub. L. No. 115

- 391, § 404, 132 Stat.
5194 , 5222 (2018 ). Reducing a sentence pursuant to the First Step Act is generally reviewed for abuse of discretion. United States v. Jackson , 945 F.3d 315, 319 (5th Cir. 2019). ( Walker also contends the court comm itted procedural error and his sentence is substantively unreasonable; but these claims are foreclosed. See United States v. Batiste , 980 F.3d 466 , 47 9

– 80 (5th Cir. 2020). ) The Fair Sentencing Act of 2010 (made retroactive by the First Step Act) lowered Walker’s sentences for c ounts o ne and t wo from mandatory minimums of life imprisonment to mandatory minimums of 120

- months’ imprisonment, respectively. The First Step Act did not affect Walker’s other sentences (including, inter alia , life imprisonment for c ount f our), resulting in a modified Sentencing Guidelines sentencing range of 360 months to life. According to Walker , the denial of his motion for a reduced sentence fail ed

to consider the impact of the First Step Act on his sentence s for c ounts o ne and t wo , the goals of the Fair Sentencing Act, and the 18 U.S.C. § 3553(a) sentencing factors

. Walker has not shown the district court abused its discretion. The

court a cknowledged Walker’s claims and the changes in the law, correctly set Case: 20-30282 Document: 00515789778 Page: 2 Date Filed: 03/22/2021No. 20

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3 forth the circumstances of his case, and denied relief based on the § 3553(a) factors. See Id. at 47 8 (“[I] t is more plausible

. . . that the district court, having evaluated all pertin ent factors, simply exercised its statutory discretion to deny the motion [pursuant to § 404]”). C ontrary to Walker’s

assert ion , the court “ was not required to provide reasons or explain its consideration of the § 3553(a) factors ” in considering his motion for a reduced sentence

. Id. at 479.

**AFFIRMED**

**.** Case: 20-30282 Document: 00515789778 Page: 3 Date Filed: 03/22/2021