Opinion
No. 08-40733 Conference Calendar.
October 20, 2009.
Kerry M. Klintworth, Assistant U.S. Attorney, U.S. Attorney's Office Eastern District of Texas, Beaumont, TX, for Plaintiff-Appellee.
Frank Warren Henderson, Assistant Federal Public Defender, Federal Defender's Office Eastern District of Texas, Tyler, TX, for Defendant-Appellant.
Appeal from the United States District Court for the Eastern District of Texas, USDC No. 1:04-CR-26-1.
Before WIENER, BENAVIDES, and STEWART, Circuit Judges.
Larry Joseph, Jr., federal prisoner # 10774-078, was sentenced to 151 months in prison following his plea of guilty to possession with the intent to distribute more than five grams, but less than 50 grams, of cocaine base (crack). Following amendments to the Sentencing Guidelines that lowered the offense levels for crack cocaine offenses, the district court granted a motion by Joseph pursuant to 18 U.S.C. § 3582(c)(2) and reduced his sentence to 130 months, which was at the bottom of the amended guidelines range.
Joseph now appeals, arguing that the district court's failure to consider the 18 U.S.C. § 3553(a) factors or a sentence below the amended guidelines range when it resentenced him violated United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), and Kimbrough v. United States, 552 U.S. 85, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007).
Joseph's arguments are foreclosed in light of our recent decision in United States v. Doubling 572 F.3d 235, 236-39 (5th Cir. 2009), petition for cert. filed (Sept. 21, 2009) (No. 09-6657).
Accordingly, the judgment of the district court is AFFIRMED, the Government's motion for summary affirmance is GRANTED, and the Government's motion for an extension of time to file a brief is DENIED.