United States v. Tran , 71 F. App'x 384 ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 19, 2003
Charles R. Fulbruge III
Clerk
No. 03-20108
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
NHA KIEM (DAVID) TRAN, also known as
David Tran, also known as David,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-89-CR-135-1
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Before JONES, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Nha Kiem Tran, a/k/a David Tran, federal prisoner # 48793-
079, is appealing the district court’s denial of his 18 U.S.C.
3582(c)(2) motion to reduce his sentence based on amendment 640
to the sentencing guidelines.
Amendment 640 to U.S.S.G. § 2D1.1(a)(3) is not listed in
U.S.S.G. § 1B1.10(c). Therefore, this amendment may not be
applied retroactively to reduce Tran’s sentence. See United
*
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that this opinion should not be published and is not precedent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. 03-20108
-2-
States v. Drath, 89 F.3d 216, 217-18 (5th Cir. 1996). Tran has
not shown that the court abused its discretion in denying his
motion for a modification of sentence. The judgment of the
district court is AFFIRMED.