United States v. Fred Flores, III

Case: 10-40083 Document: 00511266915 Page: 1 Date Filed: 10/19/2010

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit

FILED
October 19, 2010
No. 10-40083
Summary Calendar Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

FRED FLORES, III,

Defendant-Appellant

Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:05-CR-96-1

Before WIENER, PRADO, and OWEN, Circuit Judges.
PER CURIAM:*
Defendant-Appellant Fred Flores, III, federal prisoner # 12212-078,
appeals the district court’s denial of his motion under 18 U.S.C. § 3582(c)(2) for
a sentence reduction based on the recent amendments to the crack cocaine
provisions of the Sentencing Guidelines. The government has filed a motion for
summary affirmance of the district court’s judgment or, in the alternative, for
an extension of time to file a brief on the merits. Flores’s sentencing range was
not determined under the crack cocaine provisions of the Sentencing Guidelines.

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-40083 Document: 00511266915 Page: 2 Date Filed: 10/19/2010
No. 10-40083

Accordingly, he is not eligible for a reduced sentence. See § 3582(c); U.S.S.G. §
1B1.10(a)(2) & cmt. (n.1(A)). The judgment of the district court is AFFIRMED.
The government’s motion for summary affirmance is GRANTED, and its
alternative motion for an extension of time is DENIED as unnecessary.

2