U.S. v. Lewis

Full title: UNITED STATES of America, Plaintiff-Appellee v. Alfred LEWIS…

Court: United States Court of Appeals, Fifth Circuit

Date published: Jan 21, 2010

362 F. App'x 402 (5th Cir. 2010)

Opinion

No. 08-20440 Summary Calendar.

January 21, 2010.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney's Office Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Federal Public Defender's Office Southern District of Texas, Houston, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Southern District of Texas, USDC No. 4:96-CR-116-6.

Before WIENER, DeMOSS, and SOUTHWICK, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

Alfred Lewis, federal prisoner # 72777-079, appeals the district court's denial of his 18 U.S.C. § 3582(c)(2) motion to reduce his concurrent 262-month sentences for conspiring to possess with intent to distribute a mixture and substance containing cocaine base and distribution of cocaine base. Lewis challenges the propriety of his sentencing as a career offender, and he also argues that § 3582(c)(2) is applicable to his sentences based upon the retroactive amendments to the crack cocaine guidelines.

Lewis may not use a § 3582(c)(2) motion to challenge the appropriateness of the district court's application of a career offender enhancement in its calculation of his original sentences. See United States v. Whitebird, 55 F.3d 1007, 1011 (5th Cir. 1995). Further, the district court did not err in denying relief because "[t]he crack cocaine guideline amendments do not apply to prisoners sentenced as career offenders." United States v. Anderson, 591 F.3d 789, 791 (5th Cir. 2009).

AFFIRMED.