IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-60313 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus GREGORY D. TEMPLE, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Mississippi USDC No. 4:950CR-1-1-LN - - - - - - - - - - October 26, 2001 Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:* Gregory D. Temple, federal prisoner # 04046-043, appeals the district court’s denial of his 18 U.S.C. § 3582(c)(2) motion to reduce his sentence based on Amendment 599 to U.S.S.G. § 2K2.4 (relating to use of a firearm in relation to a crime of violence). Temple reasons from the text of Amendment 599 that it was an impermissible double counting to increase his base offense level two levels because the offense involved the property of a financial institution when he was convicted of bank robbery.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

No. 01-60313 -2- Amendment 599 to U.S.S.G. § 2K2.4 does not apply to Temple because no specific offense characteristic for possession, brandishing, use, or discharge of a firearm was applied in determining Temple’s sentence for bank robbery. Nor was it double counting to increase Temple’s base offense level for robbery because the specific offense involved the property of a financial institution. Accordingly, the judgment of the district court is AFFIRMED.