United States v. Reyna-Gonzalez ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 22, 2003
Charles R. Fulbruge III
Clerk
No. 02-40942
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
PEDRO REYNA-GONZALEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-00-CR-263-ALL
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Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Pedro Reyna-Gonzalez is appealing the district court's
denial of his motion for the reduction of his sentence pursuant
to 18 U.S.C. § 3582(c)(1). He argues that he is entitled to have
his sentence shortened under Amendment 632 to the Sentencing
Guidelines.
Amendments may be applied retroactively upon a motion under
18 U.S.C. § 3582(c)(2) only if they are specifically set forth in
U.S.S.G. § 1B1.10(c). U.S.S.G. § 1B1.10(a), p.s. (Nov. 2001).
*
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that this opinion should not be published and is not precedent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. 02-40942
-2-
Amendment 632 is not listed in § 1B1.10(c) and therefore may not
be applied retroactively. See § 1B1.10(c), p.s. (Nov. 2001);
United States v. Drath, 89 F.3d 216, 218 (5th Cir. 1996). The
district court lacked the authority to modify Reyna's sentence
under 18 U.S.C. § 3582(c)(2) and thus did not abuse its
discretion in denying the motion under that provision.
AFFIRMED.