United States v. Gonzalez ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS April 23, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 02-50559
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MODESTO ZAMBRANO GONZALEZ, also known as
Fred Sambrano, also known as Modesto
Gonzalez,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-00-CR-470-ALL
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Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Modesto Zambrano 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.
*
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that this opinion should not be published and is not precedent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. 02-50559
-2-
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).
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 Gonzalez’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.