United States v. McCutcheon

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-51044 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus BYRON LAMONTE MCCUTCHEON, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Western District of Texas USDC No. W-92-CR-26-5 -------------------- June 16, 2000 Before JOLLY, DAVIS, and DUHÉ, Circuit Judges PER CURIAM:* Byron McCutcheon’s appeals the district court’s denial of his 18 U.S.C. § 3582(c) motion to reduce his sentence. He argues that the district court erred in denying his motion, but he has failed to show that the district court abused its discretion in denying the motion. See United States v. Whitebird, 55 F.3d 1007, 1009 (5th Cir. 1995). Accordingly, the judgment of the district court is AFFIRMED. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.