USA v. Garrett, No. 08-11164 (5th Cir. 2010)
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Case: 08-11164 Document: 00511315126 Page: 1 Date Filed: 12/08/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 08-11164 Conference Calendar December 8, 2010 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. TRACEY DEMARK GARRETT, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:97-CR-373-2 Before KING, BENAVIDES, and PRADO, Circuit Judges. PER CURIAM:* Tracey Demark Garrett, federal prisoner # 31079-077, appeals from the district court s denial of his 18 U.S.C. § 3582(c)(2) motion for a sentence reduction based on the crack cocaine amendments to the Sentencing Guidelines. Section 3582(c)(2) allows a district court to reduce a term of imprisonment that was based on a sentencing range that has subsequently been lowered by an amendment to the Guidelines. § 3582(c)(2). Eligibility for a § 3582(c)(2) reduction is triggered only by an amendment . . . that lowers the applicable * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 08-11164 Document: 00511315126 Page: 2 Date Filed: 12/08/2010 No. 08-11164 guideline range. U.S.S.G. § 1B1.10, comment. (n.1(A)); see United States v. Gonzalez-Balderas, 105 F.3d 981, 982 (5th Cir. 1997). Although the crack cocaine amendment reduced Garrett s offense level, it did not reduce his sentencing range, which remained 360 months to life in prison. Therefore, he was not eligible for a sentence reduction under § 3582(c)(2). See § 1B1.10, comment. (n.1(A)); Gonzalez-Balderas, 105 F.3d at 984. Garrett argues that the sentencing court should have exercised its discretion under United States v. Booker, 543 U.S. 220 (2005), and imposed a reasonable sentence below the guidelines range based on the sentencing factors of 18 U.S.C. § 3553(a). He asserts that his sentence was not reasonable due to the disparity between it and the sentences imposed on co-conspirators. Booker does not apply to a § 3582(c)(2) proceeding. Dillon v. United States, 130 S. Ct. 2683, 2691-94 (2010); United States v. Doublin, 572 F.3d 235, 238 (5th Cir.), cert denied, 130 S. Ct. 517 (2009). Accordingly, a movant under § 3582(c)(2) is entitled at most to the reduction allowed by the amended guidelines range, and a sentencing court lacks discretion to reduce the sentence any further than that allowed by the amendment. Doublin, 572 F.3d at 238. Because Garrett was not entitled to a sentence reduction based on the crack amendment, no relief is available under § 3582(c)(2). See id. The judgment of the district court is AFFIRMED. 2
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