United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 22, 2003 Charles R. Fulbruge III Clerk No. 02-40942 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus PEDRO REYNA-GONZALEZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. L-00-CR-263-ALL -------------------- Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.

PER CURIAM:* Pedro Reyna-Gonzalez is appealing the district court's denial of his motion for the reduction of his sentence pursuant to 18 U.S.C. § 3582(c)(1). He argues that he is entitled to have his sentence shortened under Amendment 632 to the Sentencing Guidelines.

Amendments may be applied retroactively upon a motion under 18 U.S.C. § 3582(c)(2) only if they are specifically set forth in U.S.S.G. § 1B1.10(c). U.S.S.G. § 1B1.10(a), p.s. (Nov. 2001).

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 02-40942 -2- Amendment 632 is not listed in § 1B1.10(c) and therefore may not be applied retroactively. See § 1B1.10(c), p.s. (Nov. 2001); United States v. Drath, 89 F.3d 216, 218 (5th Cir. 1996). The district court lacked the authority to modify Reyna's sentence under 18 U.S.C. § 3582(c)(2) and thus did not abuse its discretion in denying the motion under that provision.

AFFIRMED.