IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-50289
Conference Calendar
TYLER ELLIS CUMMINGS,
Petitioner-Appellant,
versus
L.E. FLEMING, Warden -
Federal Correctional Institution Bastrop,
Respondent-Appellee.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. A-97-CV-735
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October 22, 1998
Before POLITZ, Chief Judge, and WIENER and DENNIS, Circuit Judges.
PER CURIAM:*
Tyler Cummings (federal prisoner #56469-065) appeals the
denial of his 28 U.S.C. § 2241 petition. He argues that the
application of amended 28 C.F.R. § 550.58 and Bureau of Prisons
Program Statement 5330.10 to him violated the Ex Post Fact Clause
by rendering him ineligible for a sentence reduction. After
reviewing the record and the briefs of the parties, we AFFIRM.
Cummings was convicted of conspiring to distribute cocaine
through January 1993. Subsection (e) of 18 U.S.C. § 3621, which
*
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that this opinion should not be published and is not precedent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.
No. 98-50289
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created the program giving the BOP the discretion to reduce the
sentences of eligible prisoners who complete a comprehensive
drug-abuse treatment program, was not enacted until September 13,
1994, approximately 21 months after Cummings conspired to
distribute cocaine. See Royal v. Tombone, 141 F.3d 596, 603 (5th
Cir. 1998). A sentence reduction for participation in a drug-
abuse treatment program was not even available to Cummings when
he conspired to distribute cocaine. Accordingly, amended
§ 550.58 and Program Statement 5330.10, as applied to Cummings,
did not violate the Ex Post Facto Clause because they are not
“more onerous than the law in effect on the date of [Cummings’]
offense.” See Weaver v. Graham, 450 U.S. 24, 30-31 (1981)
(emphasis added); see also Royal, 141 F.3d at 603; Wottlin v.
Fleming, 136 F.3d 1032, 1037-38 (5th Cir. 1998).
AFFIRMED.