Case: 10-40083 Document: 00511266915 Page: 1 Date Filed: 10/19/2010

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED October 19, 2010 No. 10-40083 Summary Calendar Lyle W. Cayce Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

FRED FLORES, III,

Defendant-Appellant

Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:05-CR-96-1

Before WIENER, PRADO, and OWEN, Circuit Judges. PER CURIAM:* Defendant-Appellant Fred Flores, III, federal prisoner # 12212-078, appeals the district court’s denial of his motion under

(c)(2) for a sentence reduction based on the recent amendments to the crack cocaine provisions of the Sentencing Guidelines. The government has filed a motion for summary affirmance of the district court’s judgment or, in the alternative, for an extension of time to file a brief on the merits. Flores’s sentencing range was not determined under the crack cocaine provisions of the Sentencing Guidelines.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. Case: 10-40083 Document: 00511266915 Page: 2 Date Filed: 10/19/2010 No. 10-40083

Accordingly, he is not eligible for a reduced sentence. See § 3582(c); U.S.S.G. § 1B1.10(a)(2) & cmt. (n.1(A)). The judgment of the district court is AFFIRMED. The government’s motion for summary affirmance is GRANTED, and its alternative motion for an extension of time is DENIED as unnecessary.

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