Hoover v. Morales ( 2001 )

UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_________________________
No. 00-50518
consolidated with
No. 01-50269
Lower Court #A-99-CR-290-2-SS
_________________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOE ANTHONY GUERRERO,
Defendant-Appellant.
_________________________________________________________________
Appeal from the United States District Court
for the Western District of Texas
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December 13, 2001
Before JONES, EMILIO M. GARZA, and STEWART, Circuit Judges.
PER CURIAM:*
Appellant Guerrero contests the district court’s decision
denying in part his post-judgment motion to reduce his sentence
pursuant to 18 U.S.C. § 3582(c)(2) based on Amendment No. 599 to
the U.S. Sentencing Guidelines, which went into effect after his
initial sentence. We have carefully considered his appeal in light
*
Pursuant to 5TH CIR. R. 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opinion should not be published and is not precedent except under the limited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. R. 47.5.4.
of the briefs and pertinent parts of the record. Having done so,
we find no reversible error in the district court’s interpretation
of the Guidelines or exercise of its discretion to deny retroactive
relief on the one-level weapons enhancement pursuant to U.S.S.G.
§2B3.1(b)(6).
The judgment on Guerrero’s motion is AFFIRMED.
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