Eli Tom Orr, federal prisoner # 11754-042, has appealed the district courts order denying his motion for resentencing pursuant to Section 404 of the First Step Act of 2018. He asserts that, in denying his motion, the district court placed too much weight on his criminal history, improperly considered a murder charge of which he was not convicted, and ignored his good behavior in prison. He has not shown that the district court abused its discretion. See United States v. Batiste, 980 F.3d 466, 469 (5th Cir. 2020); United States v. Jackson, 945 F.3d 315, 321-22 (5th Cir. 2019), cert denied, ––– U.S. ––––, 140 S. Ct. 2699, 206 L.Ed.2d 839 (2020). AFFIRMED.
FOOTNOTES
FOOTNOTE
Per Curiam:*
FN* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.