IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-30835
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
AMOS J. CONDE, JR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 92-CR-451
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February 24, 1997
Before SMITH, EMILIO M. GARZA, and PARKER, Circuit Judges.
PER CURIAM:*
Amos J. Conde, Jr., federal prisoner # 23213-034, appeals
the district court’s denial of his motion for modification of the
imposed term of imprisonment under 18 U.S.C. § 3582(c)(2). Conde
argues that his offense level should be reduced two levels under
Amendment 515 to U.S.S.G. § 2D1.1, his fine exceeds his ability
to pay, and he should receive credit for time that he spent under
house arrest prior to sentencing. Because Amendment 515 is not
listed as retroactive in § 1B1.10(c) of the Guidelines, Conde’s
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 96-30835
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claim concerning Amendment 515 is not cognizable under
§ 3582(c)(2). See United States v. Miller, 903 F.2d 341, 349
(5th Cir. 1990). There is no authority to modify Conde’s fine or
to credit him with time spent under house arrest under
§ 3582(c). See United States v. Lopez, 26 F.3d 512, 515 (5th
Cir. 1994).
Conde’s appeal is without arguable merit and is thus
frivolous. Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983).
Because the appeal is frivolous, it is DISMISSED. 5th Cir.
R. 42.2. Conde is cautioned that any future frivolous appeals
filed by him or on his behalf will invite the imposition of
sanctions. Conde is cautioned further to review any pending
appeals to ensure that they do not raise arguments that are
frivolous.
APPEAL DISMISSED; SANCTION WARNING ISSUED.