Filed: Feb. 19, 2003
Latest Update: Feb. 21, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 02-40916 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LUIS ANTONIO RIVERA-HERNANDEZ, also known as Cesar Javier Ibarra-Gaytan, also known as Francisco Javier Ibarra-Gaytan, Defendant-Appellant. - Appeal from the United States District Court for the Southern District of Texas USDC No. L-00-CR-1146-ALL - February 19, 2003 Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges. PER CURIAM:* Luis Antonio
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 02-40916 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LUIS ANTONIO RIVERA-HERNANDEZ, also known as Cesar Javier Ibarra-Gaytan, also known as Francisco Javier Ibarra-Gaytan, Defendant-Appellant. - Appeal from the United States District Court for the Southern District of Texas USDC No. L-00-CR-1146-ALL - February 19, 2003 Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges. PER CURIAM:* Luis Antonio ..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-40916
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LUIS ANTONIO RIVERA-HERNANDEZ, also known as
Cesar Javier Ibarra-Gaytan, also known as
Francisco Javier Ibarra-Gaytan,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-00-CR-1146-ALL
--------------------
February 19, 2003
Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
Luis Antonio Rivera-Hernandez, federal prisoner # 84801-079,
appeals the denial of his motion for modification of sentence
pursuant to 18 U.S.C. § 3582(c)(2). He argues that Amendment 632
is a clarification of U.S.S.G. § 2L1.2 and should be applied
retroactively.
Amendments to the Sentencing Guidelines may not be applied
retroactively upon a motion under 18 U.S.C. § 3582(c)(2) unless
*
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that this opinion should not be published and is not precedent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.
No. 02-40916
-2-
they are specifically set forth in U.S.S.G. § 1B1.10(c).
U.S.S.G. § 1B1.10(a), p.s. (Nov. 2001). Amendment 632 is not
listed in U.S.S.G. § 1B1.10(c) and therefore may not be applied
retroactively under Rivera’s motion. See United States v. Drath,
89 F.3d 216, 218 (5th Cir. 1996). Accordingly, the district
court did not abuse its discretion when it denied Rivera’s
18 U.S.C. § 3582(c)(2) motion.
AFFIRMED.