Case: 09-30063 Document: 00511149182 Page: 1 Date Filed: 06/22/2010
IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT Fifth Circuit
FILED
June 22, 2010
No. 09-30063
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
DERRICK DAVIS, also known as D,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:01-CR-81-2
Before JOLLY, STEWART, and OWEN, Circuit Judges.
PER CURIAM:*
Derrick Davis, federal prisoner # 27548-034, appeals the district court’s
ruling that he was ineligible for a reduction in sentence pursuant to 18 U.S.C.
§ 3582(c)(2) based on the amendments to the crack cocaine Guideline. Although
Davis argues that he was eligible for such a reduction, when a defendant such
as Davis is “subject to a statutory minimum sentence above the upper end of his
guideline range, . . . 18 U.S.C. § 3582(c)(2) provides no authority to the district
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
Case: 09-30063 Document: 00511149182 Page: 2 Date Filed: 06/22/2010
No. 09-30063
court to later modify the sentence based on amendments to the guideline range.”
United States v. Carter, 595 F.3d 575, 581 (5th Cir. 2010).
AFFIRMED.
2