USA v. Limbrick

Filing 920080325

Opinion

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

FILED
No. 06-40892 Summary Calendar
March 25, 2008 Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA Plaintiff-Appellee v. EDWIN T LIMBRICK Defendant-Appellant

Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:96-CR-54-2

Before STEWART, OWEN, and SOUTHWICK, Circuit Judges. PER CURIAM:* Edwin T. Limbrick, a federal prisoner, was convicted on several counts of conspiracy and obstruction of interstate commerce by attempted robbery and the use of a firearm in connection with the attempted robberies. He appeals the district court's denial of his motion for a reduction of his sentence pursuant to 18 U.S.C. § 3582(c)(2). He argues that retroactive amendments to U.S.S.G. § 2K2.4 entitle him to a lower sentencing range for his offenses.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-40892 Because none of the enhancements to his two obstruction-of-commerce offenses under 18 U.S.C. § 1951 required the involvement of a firearm, the amendments to U.S.S.G. § 2K2.4 are not relevant to Limbrick's sentence. Compare United States v. Dixon, 273 F.3d 636, 642-44 (5th Cir. 2001). Accordingly, Limbrick has shown no abuse of discretion in the district court's denial of his motion. United States v. Pardue, 36 F.3d 429, 430 (5th Cir. 1994). AFFIRMED.

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