United States v. Principe-Espinoza ( 2003 )


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  •                                                        United States Court of Appeals
    Fifth Circuit
    F I L E D
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT                    June 24, 2003
    Charles R. Fulbruge III
    Clerk
    No. 02-51010
    Conference Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    FRANK PRINCIPE-ESPINOZA, also known
    as Roberto Carlos Sanchez-Gutierez,
    also known as Frank Principe,
    Defendant-Appellant.
    --------------------
    Appeal from the United States District Court
    for the Western District of Texas
    USDC No. EP-01-CR-823-DB
    --------------------
    Before DeMOSS, DENNIS, and PRADO, Circuit Judges.
    PER CURIAM:*
    Frank Principe-Espinoza, federal prisoner # 14170-051,
    appeals the district court’s denial of his 18 U.S.C. § 3582(c)(2)
    motion wherein he argued that the 2001 Sentencing Guidelines
    version of U.S.S.G. § 2L1.2(b) should be applied retroactively to
    his sentence under Amendment 632.
    Amendments to the Sentencing Guidelines may not be applied
    retroactively upon a motion under 18 U.S.C. § 3582(c)(2) unless
    *
    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    that this opinion should not be published and is not precedent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.
    No. 02-51010
    -2-
    they are specifically set forth in U.S.S.G. § 1B1.10(c).
    U.S.S.G. § 1B1.10(a), p.s. (Nov. 2001).   Amendment 632 is not
    listed in U.S.S.G. § 1B1.10(c) and therefore may not be applied
    retroactively under Principe-Espinoza's motion.     See United
    States v. Drath, 
    89 F.3d 216
    , 218 (5th Cir. 1996) (amendment not
    listed in U.S.S.G. § 1B1.10(c) “cannot be given retroactive
    effect in the context of a § 3582(c)(2) motion”).    Accordingly,
    the district court did not abuse its discretion when it denied
    Principe-Espinoza’s 18 U.S.C. § 3582(c)(2) motion.
    AFFIRMED.
    

Document Info

Docket Number: 02-51010

Filed Date: 6/24/2003

Precedential Status: Non-Precedential

Modified Date: 4/18/2021