U.S. v. Davis

Full title: UNITED STATES OF AMERICA, Plaintiff-Appellee v. DERRICK DAVIS, also known…

Court: United States Court of Appeals, Fifth Circuit

Date published: Jun 22, 2010

383 F. App'x 417 (5th Cir. 2010)

Opinion

No. 09-30063 Conference Calendar.

June 22, 2010.

Maurice Edwin Landrieu, Esq, Assistant U.S. Attorney, Diane Hollenshead Copes, Esq., Assistant U.S. Attorney, U.S. Attorney's Office, New Orleans, LA, for Plaintiff-Appellee.

Gary V. Schwabe, Jr., Esq, Assistant Federal Public Defender, Federal Public Defender's Office, New Orleans, LA, for Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of Louisiana, USDC No. 2:01-CR-81-2.

Before JOLLY, STEWART, and OWEN, Circuit Judges.

PER CURIAM:[fn*] [fn*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

Derrick Davis, federal prisoner #27548-034, appeals the district court's ruling that he was ineligible for a reduction in sentence pursuant to 18 U.S.C. § 3582(c)(2) based on the amendments to the crack cocaine Guideline. Although Davis argues that he was eligible for such a reduction, when a defendant such as Davis is "subject to a statutory minimum sentence above the upper end of his guideline range, . . . 18 U.S.C. § 3582(c)(2) provides no authority to the district court to later modify the sentence based on amendments to the guideline range." United States v. Carter, 595 F.3d 575, 581 (5th Cir. 2010).

AFFIRMED.