UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 98-10489
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE ANGEL CASTORENA,
Defendant-Appellant.
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Appeal from the United States District Court,
for the Southern District of Texas
(4:92-CR-155-Y)
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September 21, 1998
Before KING, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Federal prisoner #23875-077 Jose Angel Castorena appeals the
denial of his motion for reduction of sentence under 18 U.S.C. §
3582(c)(2). We review such denials for abuse of discretion.
United States v. Gonzalez-Balderas, 105 F.3d 981, 982 (5th Cir.
1997).
Castorena maintains that the district court should have
reduced his sentence in the light of a 1994 amendment to U.S.S.G.
*
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this opinion should not be published and is not precedent except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.
§ 2D1.1(c) (“Amendment 505"), under which his base offense level
would have been 38, rather than 40; and that the court should have
considered explicitly the factors listed in 18 U.S.C. § 3553(a).
Retroactive application of Amendment 505 left the district court
still bound to impose life imprisonment, however, given the
enhancements to Castorena’s offense level. See Gonzalez-Balderas,
105 F.3d at 982-84. Accordingly, the district court did not abuse
its discretion in summarily denying Castorena’s motion for
reduction of sentence without explicitly considering the § 3553(a)
factors. See id.
AFFIRMED