IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-40580 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

IGNACIO MARTINEZ-TOVAR,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. B-01-CR-110-01 -------------------- October 1, 2002

Before BARKSDALE, DeMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Ignacio Martinez-Tovar ("Martinez"), federal prisoner # 82731-

079, appeals the district court's denial of his

(c)(2) motion for reduction of his sentence for attempted

illegal reentry into the United States after deportation. Martinez

argues that he is entitled to a sentence reduction under Amendment

632 to the sentencing guidelines because the amendment clarified

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 02-40580 -2-

U.S.S.G. § 2L1.2's enhancement for deportation following an

aggravated felony conviction.

Pursuant to

(c)(2), a sentencing court may

reduce a term of imprisonment "based on a sentencing range that has

been subsequently lowered by the Sentencing Commission . . . , if

such a reduction is consistent with applicable policy statements

issued by the Sentencing Commission." Section 3582(c)(2) applies

only to amendments to the sentencing guidelines that operate

retroactively, as set forth in subsection (c) of the applicable

policy statement, U.S.S.G. § 1B1.10. See United States v. Drath,

(5th Cir. 1996).

Amendment 632 is not listed in U.S.S.G. § 1B1.10(c), p.s.

Thus, an

(c)(2) sentence reduction based on

Amendment 632 would not be consistent with the Sentencing

Commission's policy statement. See

. Amendment 632

therefore cannot be given retroactive effect in the context of an

(c)(2) motion. See

In light of the foregoing, the district court lacked the

authority to reduce Martinez's sentence pursuant to

(c)(2). See United States v. Lopez,

, 515 & n.3

(5th Cir. 1994). The district court's order denying Martinez's

motion for reduction of sentence is AFFIRMED.