IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-60729 cons/w
No. 96-60730
(Summary Calendar)
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LOU CAROLYN MCPHAIL,
Defendants-Appellants.
Appeal from the United States District Court
for the Northern District of Mississippi
(3:96-CV-014-D)
June 30, 1997
Before DAVIS, EMILIO M. GARZA, and STEWART, Circuit Judges.
PER CURIAM:*
Lou Carolyn McPhail, federal prisoner #09655-042, and Sarah Trilby McPhail, federal
prisoner #09657-042, appeal from the district court’s denial of their motions to modify their sentences
pursuant to 18 U.S.C. § 3582 (c)(2). Essentially, the McPhails argue the district court abused its
discretion in denying their motions. They contend that a 1995 amendment to the sentencing
guidelines, Amendment 516, applies retroactively to their sentences for possession with intent to
*
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
distribute marijuana. Although the guidelines gave retroactive effect to Amendment 516, its
application to the McPhail’s convictions does not result in reductions in sentence. As the McPhails
were convicted of possessing in excess of 14,000 marijuana plants which, even under Amendment
516, equates to in excess of 1000 kilograms of marijuana, the statutorily mandated minimum sentence
of ten years’ imprisonment that they received initially for the narcotics convictions remains unaffected
by the amendment. See U.S.S.G. §X 5G1.1 (c)(2). Therefore, the district court did not abuse its
discretion in denying the McPhails’ motions to modify their sentences. Accordingly, the district
court’s judgment denying the McPhails’ § 3582 (c)(2) motions is AFFIRMED.
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