USA v. Alvarez

Filing

UNPUBLISHED OPINION FILED. [08-10573 Affirmed] Judge: TMR , Judge: JLD , Judge: EBC. Mandate pull date is 12/09/2010 [08-10573]

USA v. Alvarez

Case: 08-10573 Document: 00511298341 Page: 1 Date Filed: 11/18/2010

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 08-10573 S u m m a r y Calendar November 18, 2010 Lyle W. Cayce Clerk

U N IT E D STATES OF AMERICA, P la in t if f -A p p e lle e v. A N T O N I O T ALVAREZ, D e fe n d a n t -A p p e lla n t

A p p e a l from the United States District Court fo r the Northern District of Texas U S D C No. 5:00-CR-124-1

B e fo r e REAVLEY, DENNIS, and CLEMENT, Circuit Judges. P E R CURIAM:* A n t o n io T. Alvarez, federal prisoner # 25864-177, appeals the district c o u r t's denial of his 18 U.S.C. § 3582(c)(2) motion to reduce his sentence fo llo w in g the recent amendments to the Sentencing Guidelines for crack cocaine o ffe n s e s . In response to that motion, the Government argued that the motion s h o u ld be denied based upon Alvarez's post-sentencing disciplinary convictions. On appeal, Alvarez argues that the district court erred in considering his p o s t -s e n te n c in g disciplinary record to deny his motion without providing him
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
*

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Case: 08-10573 Document: 00511298341 Page: 2 Date Filed: 11/18/2010 No. 08-10573 w it h an opportunity to respond to that record. Even if we assume that Alvarez h a s shown error due to that lack of notice, there is no indication from the record o r from Alvarez that any error by the district court rose to the level of harmful e r r o r . See United States v. Mueller, 168 F.3d 186, 189-90 (5th Cir. 1999). A c c o r d in g ly , the judgment of the district court is AFFIRMED.

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