United States v. Araujo-Avila
Opinion
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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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- Unpublished