USA v. Manners, No. 08-20638 (5th Cir. 2010)

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Case: 08-20638 Document: 00511315279 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. 08-20638 Conference Calendar December 8, 2010 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. CLEVELAND MANNERS, also known as Mickey, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:01-CR-843-4 Before KING, BENAVIDES, and PRADO, Circuit Judges. PER CURIAM:* Cleveland Manners, federal prisoner # 13608-179, 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. He argues that the amendments conflict with United States v. Booker, 543 U.S. 220 (2005), and impermissibly preclude the district court from reducing his sentence below the amended guidelines range of imprisonment. Manners s * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 08-20638 Document: 00511315279 Page: 2 Date Filed: 12/08/2010 No. 08-20638 arguments are foreclosed by Dillon v. United States, 130 S. Ct. 2683, 2691-94 (2010), which held that Booker does not apply to § 3582(c)(2) proceedings. Manners has moved for the appointment of counsel. Manners has failed to show that the interests of justice require the appointment of counsel. His motion for the appointment of counsel is DENIED. The Government s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED. The Government s alternative motion for an extension of time to file a brief is DENIED. 2

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