### IN THE UNI TED STATES COURT OFAPPEALS FOR THE FIF TH CIRCUIT

No. 12-10021 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee

v. DONNIE RAY WILLARD, JR., Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 5:02-CR-83-1

Before REAVLEY, SMITH, and PRADO, Circuit Judges. PER CURIAM: * Proceeding pro se, Donnie Ray Willard, Jr., federal prisoner # 28690-177, appeals the denial of his 18 U.S.C. § 3582(c)(2) motion to reduce his sentence in light of Amendment 750 to the Sentencing Guidelines. Willard pleaded guilty to possession with intent to distribute more than 50 grams of cocaine base (crack cocaine) and was sentenced to 188 months in prison. The district court’s decision whether to reduce a sentence under § 3 582(c)(2) is reviewed for an abuse of discretion, while the court’s U n i te d S ta te s C o u rt o f A p p ea l s

F i ft h C i rc u i t 

### F I L E D June26 , 20 12 Lyle W . Cayce Clerk

Purs uant to 5 TH C IR

. R. 47.5 , the court hasd ete rm inedthat this op inion sho uld not * be publ ish ed and is not pr ece dent excep t unde r the lim ite d cir cum st ance s se t forth in 5 T H C IR

. R. 47.5 .4. Case: 12-10021 Document: 00511900204 Page: 1 Date Filed: 06/26/2012No. 12-10021

interpretation of the Guidelines is reviewed de novo. United States v. Evans , 587 F.3d 667, 672 (5th Cir. 2009). Section 3582(c)(2) permits the di s c r etionary modification of a defendant’s sentence “in the case of a defendant who has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sente ncin g C o m mission pursuant to 28 U.S.C. § 994(o).” § 3582(c)(2); see United States v. Doublin , 572 F.3d 235, 237 (5th Cir. 2009).A s an initial matter, the record refutes Willard’s assertions that th e Government fail e d t o determine whether he was eligible for a sentencing reduction and that the Government and the district court, in finding that he was not entitled to a reduction, incorrectly determined that he was a career offender. The district court agreed with the Government that, alth o ugh Willard was eligible for § 3582(c) (2 ) relief based on Amendment 750, the court should not exercise its discretion to grant such relief. We also find without merit Willard’s arguments that the district court, in denying him a reduction under Amen d m e nt 750, accorded too much weight to his post-conviction disciplinary record, failed to accord proper weight to his postconviction rehabilitative c onduct, and failed to prop e rly consider the § 3553(a) factors. The sentencing court’s decision whethe r t o reduce a defendant’s sentence is informed by the ap plicable § 3553(a) factors and the pertinent guideline policy statements. § 3582(c)(2). The district court may also consider Willard’s post-sentencing conduct occurring after imposition of the original term of imprisonment. See United States v. Robinson , 542 F.3d 1045, 1052 (5th Cir. 2008). The record reflects sufficient consideration of Willard’s post-sentencing conduct and the § 3553(a) factors. See Evans , 587 F.3d at 672-74. Willard’s argument that he is entitled to relief under the Fair Sentencing Act of 2010 (FSA) is without merit. A § 3 5 8 2 (c)(2) proceeding is not a full

r e sentencing, Dillon v. United States, 130 S. Ct. 2683, 269-94 (2010), and is limited to the consideration only of retroactive amendments to the Guidelines.
2 Case: 12-10021 Document: 00511900204 Page: 2 Date Filed: 06/26/2012No. 12-10021

Thus, although the FSA led to Amendment 750, the FSA, standing alone, has no implications for a § 3582(c)(2) proceeding. Lastly, Willard has not shown that th e i nterests of justice required the appointment of counsel as the § 3582(c)(2) motion did not involve complicated or unresolved issues. See Robinson, 542 F.3d at 1052. The judgment of the district court is AFFIRMED.

3 Case: 12-10021 Document: 00511900204 Page: 3 Date Filed: 06/26/2012