USA v. Benton

Filing 920090818

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-40146 Conference Calendar August 18, 2009 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. SHAWN KEITH BENTON, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:99-CR-176-9 Before HIGGINBOTHAM, DAVIS, and CLEMENT, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Shawn Keith Benton raises arguments that are foreclosed by United States v. Doublin, ___ F.3d ___, No. 08-30775, 2009 WL 1743661, at *3 (5th Cir. June 22, 2009), which rejected the argument that United States v. Booker, 543 U.S. 220 (2005) applies in 18 U.S.C. 3582(c)(2) proceedings and held that a district court may not reduce a sentence below the minimum provided in the amended Guidelines. The 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR.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. * No. 09-40146 Government's motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED. 2

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