USA v. Donald Nelson

Filing

UNPUBLISHED OPINION FILED. [09-50889 Affirmed ] Judge: JES , Judge: JLD , Judge: EBC Mandate pull date is 11/16/2010 for Appellant Donald Ray Nelson; granting motion for summary affirmance filed by Appellee USA [6576188-2]; denying motion to extend time to file appellee's brief filed by Appellee USA [6576188-3] [09-50889]

USA v. Donald Nelsonase: 09-50889 C

Document: 00511274620 Page: 1 Date Filed: 10/26/2010

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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 . 09-50889 C o n fe r e n c e Calendar October 26, 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. D O N A L D RAY NELSON, 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 Western District of Texas U S D C No. 1:00-CR-111-1

B e fo r e SMITH, DENNIS, and CLEMENT, Circuit Judges. P E R CURIAM:* D o n a ld Ray Nelson, federal prisoner # 01636-051, appeals the district c o u r t's decision granting a motion to reduce his sentence under 18 U.S.C. § 3582(c)(2) and denying a motion to reconsider that ruling. He argues that, p u r s u a n t to United States v. Booker, 543 U.S. 220 (2005), the district court was n o t limited to the amended guidelines range but could have granted a greater r e d u c t io n after considering the 18 U.S.C. § 3553(a) factors.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

*

Dockets.Justia.com

Case: 09-50889 Document: 00511274620 Page: 2 Date Filed: 10/26/2010 No. 09-50889 I n Dillon v. United States, 130 S. Ct. 2683, 2692 (2010), the Supreme C o u r t held that Booker does not apply to § 3582(c)(c) proceedings. Because N e ls o n 's argument is foreclosed by Dillon, the Government's motion for s u m m a r y affirmance is GRANTED, and the judgment of the district court is A F F IR M E D . The Government's alternative motion for an additional thirty days t o file a brief is DENIED.

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