IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-11229 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus VALDEZ LAMAR WILBURN, also known as DERRICK LAMAR WILLIAMS, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 1:00-CR-9-ALL -------------------- April 10, 2002 Before SMITH, DeMOSS, and PARKER, Circuit Judges.

PER CURIAM:* Valdez Lamar Wilburn appeals the district court’s order denying his motion to modify his sentence pursuant to 18 U.S.C. § 3582(c)(2). Wilburn filed a timely notice of appeal. See United States v. Alvarez, 210 F.3d 309, 310 (5th Cir. 2000); FED. R. APP. P. 25(c); Houston v. Lack, 487 U.S. 266, 276 (1988).

Wilburn argues that Amendment 599, which amends the Application Notes for U.S.S.G. § 2K2.4, resulted in a change to the applicable sentencing guidelines, entitling him to a modification of his sentence. Amendment 599 is inapplicable to * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-11229 -2- this case. Wilburn’s guideline sentencing range was computed under § 2K2.1, not § 2K2.4. Therefore, his claims are without merit. The district court’s judgment is affirmed.

AFFIRMED.