USA v. Terrele Jackson

Filing

UNPUBLISHED OPINION FILED. [10-30145 Affirmed ] Judge: JES , Judge: JLD , Judge: EBC Mandate pull date is 11/16/2010; granting motion for summary affirmance filed by Appellee USA [6544969-2]; denying motion to extend time to file appellee's brief filed by Appellee USA [6544969-3] [10-30145]

USA v. Terrele Jacksonse: 10-30145 Ca

Document: 00511274867 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 . 10-30145 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. T E R R E L E V. JACKSON, 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 Middle District of Louisiana U S D C No. 3:05-CR-249-1

B e fo r e SMITH, DENNIS, and CLEMENT, Circuit Judges. P E R CURIAM:* T e r r e le V. Jackson, federal prisoner # 04484-095, appeals the district c o u r t's denial of his motion for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2) based on the recent amendments to the crack cocaine guidelines p r o v is io n . The Government has filed a motion for summary affirmance of the d is t r ic t court's judgment or, in the alternative, for an extension of time to file a b r ie f on the merits. Although Jackson argues that he was eligible for such a r e d u c t io n , when a defendant such as Jackson is "subject to a statutory minimum
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-30145 Document: 00511274867 Page: 2 Date Filed: 10/26/2010 No. 10-30145 s e n te n c e above the upper end of his guideline range, . . . 18 U.S.C. § 3582(c)(2) p r o v id e s no authority to the district court to later modify the sentence based on a m e n d m e n t s to the guideline range." United States v. Carter, 595 F.3d 575, 581 (5 t h Cir. 2010). A c c o r d in g ly , the judgment of the district court is AFFIRMED. The

G o v e r n m e n t 's motion for summary affirmance is GRANTED, and its alternative m o t io n for an extension of time is DENIED.

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