U.S. Court of Appeals for the Fifth Circuit, 2010

United States v. Davis

United States v. Davis
U.S. Court of Appeals for the Fifth Circuit · Decided June 24, 2010 · Jolly, Stewart, Owen
383 F. App'x 417

United States v. Davis

Opinion

PER CURIAM: *

Derrick Davis, federal prisoner #27548-034, appeals the district court’s ruling that he was ineligible for a reduction in sentence pursuant to 18 U.S.C. § 3582(c)(2) based on the amendments to the crack cocaine Guideline. Although Davis argues that he was eligible for such a reduction, when a defendant such as Davis is “subject to a statutory minimum sentence above the upper end of his guideline range, ... 18 U.S.C. § 3582(c)(2) provides no authority to the district court to later modify the sentence based on amendments to the guideline range.” United States v. Carter, 595 F.3d 575, 581 (5th Cir. 2010).

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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.'

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