United States v. Damer ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-50336
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DENNIS BRYANT DAMER,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. A-96-CV-88
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February 10, 1998
Before DUHE’, DeMOSS and DENNIS, Circuit Judges.
PER CURIAM:*
Dennis Bryant Damer, federal prisoner #49013-080, appeals
the denial of his motion to vacate, set aside or correct his
sentence pursuant to 28 U.S.C. § 2255. He argues that he is
entitled to resentencing because Amendment 484 to the 1993
version of the Sentencing Guidelines reduces the quantity of
methamphetamine the court may consider in determining his
sentence.
*
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that this opinion should not be published and is not precedent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. 97-50336
-2-
The district court did not err in denying Damer’s § 2255
motion because the alleged error is not cognizable under that
section. See United States v. Towe, 26 F.3d 614, 616 (5th Cir.
1994). Neither is he entitled to relief under 21 U.S.C.
§ 3582(c)(2), because the time for filing an appeal of the denial
of his § 3582(c)(2) motion has expired. See Fed. R. App.
P. 4(a)(1).
AFFIRMED.