United States v. Wilson

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT December 14, 2005
Charles R. Fulbruge III
Clerk
No. 05-10425
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
WESLEY JAMES WILSON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:92-CR-141-Y-6
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Before KING, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges.
PER CURIAM:*
Wesley James Wilson, federal prisoner # 23795-077, appeals
the district court’s denial of his 18 U.S.C. § 3582(c)(2) motion
for resentencing in view of United States v. Booker, 125 S. Ct.
738 (2005), and his motion for reconsideration. He argues that
the district court abused its discretion because he was entitled
to resentencing under Amendment 505 to the United States
Sentencing Guidelines and under Booker.
*
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this opinion should not be published and is not precedent except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. 05-10425
-2-
“Section 3582(c)(2) [of Title 18] permits a district court
to reduce a term of imprisonment when it is based upon a
sentencing range that has subsequently been lowered by an
amendment to the Guidelines, if such a reduction is consistent
with the policy statements issued by the Sentencing Commission.”
United States v. Gonzalez-Balderas, 105 F.3d 981, 982 (5th Cir.
1997). Wilson’s Booker argument is not cognizable in the context
of an 18 U.S.C. § 3582(c)(2) motion because it is not based on a
retroactive amendment to the Guidelines. See United States v.
Shaw, 30 F.3d 26, 29 (5th Cir. 1994). The district court also
correctly noted that Wilson had previously filed a motion for
resentencing under Amendment 505, which the district court had
denied. Wilson has not shown that the district court abused its
discretion in denying his 18 U.S.C. § 3582(c)(2) motion and his
motion for reconsideration. Gonzalez-Balderas, 105 F.3d at 982.
AFFIRMED.