Filed: Oct. 29, 2002
Latest Update: Feb. 21, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 02-50173 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus BAUDELIO LARA-REY, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. MO-00-CR-140-ALL - - - - - - - - - - October 29, 2002 Before DeMOSS, BENAVIDES, and STEWART, Circuit Judges. PER CURIAM:* Baudelio Lara-Rey, federal prisoner # 57727-080, appeals the district court’s denial
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 02-50173 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus BAUDELIO LARA-REY, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. MO-00-CR-140-ALL - - - - - - - - - - October 29, 2002 Before DeMOSS, BENAVIDES, and STEWART, Circuit Judges. PER CURIAM:* Baudelio Lara-Rey, federal prisoner # 57727-080, appeals the district court’s denial ..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-50173
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BAUDELIO LARA-REY,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Western District of Texas
USDC No. MO-00-CR-140-ALL
- - - - - - - - - -
October 29, 2002
Before DeMOSS, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Baudelio Lara-Rey, federal prisoner # 57727-080, appeals the
district court’s denial of his 18 U.S.C. § 3582(c)(2) motion for
reduction of his sentence for illegal reentry into the United
States in violation of 8 U.S.C. §§ 1326(a) & (b)(2). Lara-Rey
argues that he is entitled to a sentence reduction under
Amendment 632, because that recent amendment to the sentencing
guidelines is merely a clarification and retroactively applies to
*
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that this opinion should not be published and is not precedent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. 02-50173
-2-
reduce U.S.S.G. § 2L1.2's enhancement for deportation following
an aggravated felony conviction.
Pursuant to 18 U.S.C. § 3582(c)(2), a sentencing court may
reduce a term of imprisonment “based on a sentencing range that
has been subsequently lowered by the Sentencing Commission
. . . , if such a reduction is consistent with applicable policy
statements issued by the Sentencing Commission.” 18 U.S.C.
§ 3582(c)(2) applies only to amendments to the sentencing
guidelines that operate retroactively, as set forth in subsection
(c) of the applicable policy statement. U.S.S.G. § 1B1.10, p.s.;
United States v. Drath,
89 F.3d 216, 217-18 (5th Cir. 1996).
Amendment 632 cannot be given retroactive effect in the
context of an 18 U.S.C. § 3582(c)(2) motion because Amendment 632
is not listed in U.S.S.G. § 1B1.10(c), p.s., and such an
application would be inconsistent with the policy statement. See
Drath, 89 F.3d at 218.
The district court’s judgment denying Lara-Key’s motion for
reduction of sentence is AFFIRMED.