USA v. Davis, No. 09-30063 (5th Cir. 2010)

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Case: 09-30063 Document: 00511149182 Page: 1 Date Filed: 06/22/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED June 22, 2010 No. 09-30063 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DERRICK DAVIS, also known as D, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:01-CR-81-2 Before JOLLY, STEWART, and OWEN, Circuit Judges. PER CURIAM:* Derrick Davis, federal prisoner # 27548-034, appeals the district court s ruling that he was ineligible for a reduction in sentence pursuant to 18 U.S.C. § 3582(c)(2) based on the amendments to the crack cocaine Guideline. Although Davis argues that he was eligible for such a reduction, when a defendant such as Davis is subject to a statutory minimum sentence above the upper end of his guideline range, . . . 18 U.S.C. § 3582(c)(2) provides no authority to the district * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-30063 Document: 00511149182 Page: 2 No. 09-30063 Date Filed: 06/22/2010 court to later modify the sentence based on amendments to the guideline range. United States v. Carter, 595 F.3d 575, 581 (5th Cir. 2010). AFFIRMED. 2

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