USA v. Darrell West, No. 10-30011 (5th Cir. 2010)
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Case: 10-30011 Document: 00511215875 Page: 1 Date Filed: 08/26/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-30011 Summary Calendar August 26, 2010 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DARRELL WEST, Defendant-Appellant Appeal from the United States District Court for the Western District of Louisiana USDC No. 5:03-CR-50094-1 Before WIENER, PRADO, and OWEN, Circuit Judges. PER CURIAM:* Darrell West, federal prisoner # 11914-035, appeals the district court s denial of his 18 U.S.C. § 3582(c)(2) motion to reduce his sentence based on the amendments to the crack cocaine Guideline. West argues that, in light of United States v. Booker, 543 U.S. 220 (2005), the district court was authorized to reduce his sentence based on the new advisory guidelines range and consideration of the 18 U.S.C. § 3553(a) factors. He also contends that his career offender status did not preclude the court from reducing his sentence. These issues are foreclosed. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-30011 Document: 00511215875 Page: 2 No. 10-30011 Date Filed: 08/26/2010 See Dillon v. United States, 130 S. Ct. 2683, 2692 (2010); United States v. Anderson, 591 F.3d 789, 790-91 (5th Cir. 2009), and United States v. Doublin, 572 F.3d 235, 236-39 (5th Cir.), cert. denied, 130 S. Ct. 517 (2009). The judgment of the district court is AFFIRMED. 2
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