United States v. Quincy Levine

Case: 12-10774 Document: 00512152672 Page: 1 Date Filed: 02/22/2013

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED February 22, 2013 No. 12-10774 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. QUINCY LEVINE , Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:03-CR-316-5

Before REAVLEY, JOLLY, and DAVIS, Circuit Judges.

PER CURIAM:* Quincy Levine, federal prisoner # 30502-177, was convicted of possession of cocaine with intent to distribute and he was sentenced to 360 months of imprisonment. He appeals the denial of a motion for reduction of sentence pursuant to 18 U.S.C. § 3582(c)(2). Levine argues that the district court erred in determining that his status as a career offender made him ineligible for a reduction of sentence pursuant to the Fair Sentencing Act and Guidelines Amendment 750.

Case: 12-10774 Document: 00512152672 Page: 2 Date Filed: 02/22/2013 No. 12-10774 The district court correctly determined that Levine was sentenced as a career offender. As a career offender, Levine is not eligible for relief under Amendment 750. See United States v. Anderson, 591 F.3d 789, 791 (5th Cir. 2009); Dillon v. United States, 130 S. Ct. 2683, 2691 (2010).

AFFIRMED.