U.S. Williams

Full title: UNITED STATES of America, Plaintiff-Appellee v. Rudy WILLIAMS…

Court: United States Court of Appeals, Fifth Circuit

Date published: May 13, 2010

378 F. App'x 420 (5th Cir. 2010)

Opinion

No. 09-10952 Summary Calendar.

May 13, 2010.

Rudy Williams, Fort Worth, TX, pro se.

Appeal from the United States District Court for the Northern District of Texas, USDC No. 4:96-CR-68-17.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

Federal prisoner Rudy Williams appeals from the district court's denial of his second motion seeking a reduction in sentence pursuant to 18 U.S.C. § 3582 and the crack cocaine amendments to the Sentencing Guidelines. Section 3582(c)(2) permits the discretionary modification of a defendant's sentence only where the defendant's sentencing range is actually lowered by the Sentencing Commission.¹ The crack cocaine amendments at issue here are inapplicable to an offender like Williams whose offense level was based on 4.5 kilograms or more of crack cocaine, and thus the crack cocaine amendments did not change Williams's guidelines sentencing range.² Because he was ineligible for relief, the district court did not abuse its discretion in denying Williams's section 3582(c)(2) motion.³

1 See United States v. Doublin, 572 F.3d 235, 237 (5th Cir. 2009).

2 See U.S.S.G. Supp. to App'x C, Amend. 706; U.S.S.G. § 2D1.1(c)(1). See also United States v. McCutcheon, 368 Fed.Appx. 510, 510-11 (5th Cir. 2010) (unpublished). Williams was held accountable for 17.8 kilograms of crack cocaine.

3 See United States v. Evans, 587 F.3d 667, 672 (5th Cir. 2009), petition for certfiled (Jan. 28, 2010) (No. 09-8939); Doublin, 572 F.3d at 237.

AFFIRMED.