Opinion
No. 06-11171, Conference Calendar.
June 19, 2007.
Mark David McBride, U.S. Attorney's Office Northern District of Texas, Dallas, TX, for Plaintiff-Appellee.
Howard Washington Wood, Fairton, NJ, pro se.
Appeal from the United States District Court for the Northern District of Texas, USDC No. 3:92-CR-365-10.
Before JONES, Chief Judge, and JOLLY and DENNIS, Circuit Judges.
Howard Washington Wood, federal prisoner #36384-053, appeals the district court's denial of his 18 U.S.C. § 3582(c)(2) motion to reduce his sentence based on retroactive Amendment 591 to the Sentencing Guidelines. Wood pleaded guilty to conspiracy to possess with the intent to distribute 50 grams or more of cocaine base, and he was sentenced based on the determination in the presentence report that the offense involved 15 kilograms of cocaine base. Wood argues that Amendment 591 dictates that he must be resentenced because his indictment did not charge him with 15 kilograms of cocaine base and he did not admit to this amount.
Wood's argument is without merit. Amendment 591 applies to the determination of the appropriate Chapter Two offense guideline section, and Wood was properly sentenced under U.S.S.G. § 2D1.1, the appropriate offense guideline section for his conviction under 21 U.S.C. § 846. Amendment 591 is irrelevant to the determination of base (or specific) offense levels within the applicable offense guideline section or to any consideration of relevant conduct. U.S.S.G. App. C, Amendment 591 (Nov. 2000).
The judgment of the district court is AFFIRMED. The Government's motion for summary affirmance in lieu of filing a brief is GRANTED. The Government's alternative motion for an extension of time is DENIED as moot.