IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-40468
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GERALD DANIEL BEAUMONT,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:90-CR-53-2
- - - - - - - - - -
February 20, 1997
Before SMITH, EMILIO M. GARZA, and PARKER, Circuit Judges.
PER CURIAM:*
Gerald Daniel Beaumont, federal prisoner No. 03776-035, was
convicted and sentenced for conspiracy to manufacture
methamphetamine and use of a telephone to facilitate that
conspiracy. He appeals the district court’s order reducing his
sentence from life in prison to 400 months of imprisonment. He
contends that the reduction should have been greater and
implicitly relies on U.S.S.G. § 2D1.11. He also contends for the
*
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that this opinion should not be published and is not precedent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. 96-40468
- 2 -
first time in his reply brief that his sentence would have been
less harsh if he had had competent counsel at sentencing.
Section 2D1.11(c) specifically excludes from its coverage
conspiracy to manufacture drugs, and directs that sentencing for
such crimes be governed by § 2D1.1. See United States v.
Bellazerius, 24 F.3d 698 (5th Cir.), cert. denied, 115 S. Ct. 375
(1994). The district court did not abuse its discretion in using
§ 2D1.1 rather than § 2D1.11 in determining how much to reduce
Beaumont’s sentence.
Regarding Beaumont’s ineffective-assistance-of-counsel
argument, this court does not address issues raised for the first
time in a reply brief. See United States v. Prince, 868 F.2d
1379, 1386 (5th Cir.), cert. denied, 493 U.S. 932 (1989).
AFFIRMED.