Case: 08-20440   Document: 00511009880    Page: 1   Date Filed: 01/21/2010




            IN THE UNITED STATES COURT OF APPEALS
                     FOR THE FIFTH CIRCUIT  United States Court of Appeals
                                                     Fifth Circuit

                                                  FILED
                                                                  January 21, 2010
                                 No. 08-20440
                               Summary Calendar              Charles R. Fulbruge III
                                                                     Clerk

UNITED STATES OF AMERICA,

                                           Plaintiff - Appellee

v.

ALFRED LEWIS,

                                           Defendant - Appellant


                   Appeal from the United States District Court
                        for the Southern District of Texas
                             USDC No. 4:96-CR-116-6


Before WIENER, DeMOSS, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
        Alfred Lewis, federal prisoner #72777-079, appeals the district court’s
denial of his 18 U.S.C. § 3582(c)(2) motion to reduce his concurrent 262-month
sentences for conspiring to possess with intent to distribute a mixture and
substance containing cocaine base and distribution of cocaine base.          Lewis
challenges the propriety of his sentencing as a career offender, and he also




        *
      Pursuant to 5 TH C IR. 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should not be published and is not precedent except under the limited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 5 TH C IR. R. 47.5.4.
   Case: 08-20440   Document: 00511009880 Page: 2        Date Filed: 01/21/2010
                                No. 08-20440

argues that § 3582(c)(2) is applicable to his sentences based upon the retroactive
amendments to the crack cocaine guidelines.
      Lewis may not use a § 3582(c)(2) motion to challenge the appropriateness
of the district court’s application of a career offender enhancement in its
calculation of his original sentences. See United States v. Whitebird, 

, 1011 (5th Cir. 1995). Further, the district court did not err in denying
relief because “[t]he crack cocaine guideline amendments do not apply
to prisoners sentenced as career offenders.” United States v. Anderson, — F.3d
—, No. 08-41314, 

, *2 (5th Cir. Dec. 21, 2009).
      AFFIRMED.




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