United States v. Araujo-Avila

U.S. Court of Appeals for the Fifth Circuit
United States v. Araujo-Avila, 217 F. App'x 385 (5th Cir. 2007)

United States v. Araujo-Avila

Opinion

PER CURIAM: *

Abel Araujo-Avila (Araujo), federal prisoner # 88995-080, appeals the denial of his 18 U.S.C. § 3582(c)(2) motion to reduce sentence. He argues pursuant to Amendment 668 to the Sentencing Guidelines that he is entitled to a role adjustment in his offense level. Araujo, however, has failed to brief the issue whether the district court erred in holding that his motion was merit-less because Amendment 668 has not been designated retroactively applicable under U.S.S.G. § lB1.10(e) (2006). He has therefore waived its review. See Yohey v. Collins, 985 F.2d 222, 225 (5th Cir. 1993).

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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Abel ARAUJO-AVILA, Defendant-Appellant
Status
Unpublished