USA v. Ray Hatton, Jr., No. 12-30767 (5th Cir. 2013)

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Case: 12-30767 Document: 00512214557 Page: 1 Date Filed: 04/19/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-30767 Summary Calendar April 19, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff Appellee, v. RAY HATTON, JR., Defendant Appellant. Appeal from the United States District Court for the Western District of Louisiana USDC No. 2:08-CR-109-1 Before HIGGINBOTHAM, OWEN, and SOUTHWICK, Circuit Judges. PER CURIAM:* Ray Hatton, Jr., federal prisoner # 13987-035, appeals the denial of his motion for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2). He pleaded guilty to using a facility in interstate commerce to attempt to coerce a minor to engage in criminal sexual acts and was sentenced to 65 months in prison. On appeal, Hatton contends that he is entitled to resentencing under Amendment 732 to the Sentencing Guidelines. The district court is authorized to reduce a sentence based on a sentencing range that subsequently was lowered * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-30767 Document: 00512214557 Page: 2 Date Filed: 04/19/2013 No. 12-30767 by the Sentencing Commission only if the amendment to the Guidelines is listed in § 1B1.10(c) of the Guidelines. See 18 U.S.C. § 3582(c)(2); UNITED STATES SENTENCING GUIDELINES MANUAL § 1B1.10(a) & cmt. n.1 (2004). Amendment 732 is not listed in § 1B1.10(c). Accordingly, the district court s denial of Hatton s motion was not an abuse of discretion. See UNITED STATES SENTENCING GUIDELINES MANUAL § 1B1.10 cmt. n.1 (2004); United States v. Drath, 89 F.3d 216, 217-18 (5th Cir. 1996). AFFIRMED. 2

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