USA v. David Frank

Filing 920100322

Case: 09-30508

Document: 00511057774

Page: 1

Date Filed: 03/22/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
No. 09-30508 Summary Calendar March 22, 2010 Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA, Plaintiff-Appellee v. DAVID JEROME FRANK, Defendant-Appellant

Appeal from the United States District Court for the Western District of Louisiana USDC No. 2:03-CR-20067-1

Before BENAVIDES, PRADO, and SOUTHWICK, Circuit Judges. PER CURIAM:* David Jerome Frank appeals the district court's order denying his motion to reduce his sentence under 18 U.S.C. § 3582(c)(2) in light of the amendment to the crack cocaine guideline. He asserts that he is entitled to a sentence

reduction pursuant to U.S.S.G. § 1B1.10 and the sentencing factors under 18 U.S.C. § 3553(a) because he was convicted of conspiracy to distribute cocaine base. He contends that his status as a career offender should not preclude the reduction of his sentence. He also asserts that he is eligible for a sentence
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
*

Case: 09-30508

Document: 00511057774 Page: 2 No. 09-30508

Date Filed: 03/22/2010

reduction in light of United States v. Booker, 543 U.S. 220 (2005). After Frank's brief was filed in this court, we issued our decision in United States v. Anderson, 591 F.3d 789 (5th Cir. 2009). The issues raised by Frank are foreclosed by Anderson, 591 F.3d at 789-91. AFFIRMED.

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