U.S. Court of Appeals for the Fifth Circuit, 2006

United States v. Williams

United States v. Williams
U.S. Court of Appeals for the Fifth Circuit · Decided June 20, 2006 · Garza, Per Curiam, Prado, Smith
185 F. App'x 404

United States v. Williams

Opinion

PER CURIAM: *

Paul Dana Williams, federal prisoner # 07339-051, appeals the denial of his 18 U.S.C. § 3582(c) motion for modification of sentence. He argues that retroactive Amendments 433, 506, and 591 to the Sentencing Guidelines coupled with the holding of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), affected the method by which U.S.S.G. § 4B1.1 (Career Offender) was applied to his kidnapping and firearms convictions.

Our review of Williams’s sentencing reveals that none of the cited amendments have any application to the sentence the district court imposed. To the extent that Williams invokes Booker, such an argument is not cognizable in the context of a 18 U.S.C. § 3582(c)(2) motion because it is not based on a retroactive amendment to the Guidelines. See United States v. Shaw, 30 F.3d 26, 29 (5th Cir. 1994). In light of the foregoing, the district court did not abuse its discretion in denying the motion. See United States v. Pardue, 36 F.3d 429, 430 (5th Cir. 1994).

AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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