IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-50314 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

GUSTAVO GONZALEZ-BAUTISTA,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. EP-00-CR-318-ALL-H -------------------- October 28, 2002 Before BARKSDALE, DeMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Gustavo Gonzalez-Bautista, federal prisoner number 15950-

051, appeals the denial of his motion for modification of

sentence pursuant to

(c)(2). He argues that

Amendment 632 is a clarification of U.S.S.G. § 2L1.2 and should

be applied retroactively. Amendments to the Guidelines may not

be applied retroactively upon a motion under

(c)(2) unless they are specifically set forth in U.S.S.G.

§ 1B1.10(c). U.S.S.G. § 1B1.10(a), p.s. (Nov. 2001). Amendment

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 02-50314 -2-

632 is not listed in U.S.S.G. § 1B1.10(c) and therefore may not

be applied retroactively. See U.S.S.G. § 1B1.10(c), p.s. (Nov.

2001).

Gonzalez also contests his conviction. He alleges that he

is a United States citizen and, therefore, not properly the

subject of an illegal reentry conviction. Such a claim is not

cognizable in an

(c)(2) motion. The district

court did not abuse its discretion in denying Gonzalez’s motion.

AFFIRMED.