Hoover v. Morales

                    UNITED STATES COURT OF APPEALS
                         FOR THE FIFTH CIRCUIT

                       _________________________

                              No. 00-50518
                           consolidated with
                              No. 01-50269
                     Lower Court #A-99-CR-290-2-SS
                       _________________________



                       UNITED STATES OF AMERICA,

                                                      Plaintiff-Appellee,

                                  versus

                          JOE ANTHONY GUERRERO,

                                             Defendant-Appellant.
_________________________________________________________________

           Appeal from the United States District Court
                 for the Western District of Texas
_________________________________________________________________
                         December 13, 2001

Before JONES, EMILIO M. GARZA, and STEWART, Circuit Judges.

PER CURIAM:*

           Appellant Guerrero contests the district court’s decision

denying in part his post-judgment motion to reduce his sentence

pursuant to 18 U.S.C. § 3582(c)(2) based on Amendment No. 599 to

the U.S. Sentencing Guidelines, which went into effect after his

initial sentence. We have carefully considered his appeal in light

     *
            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opinion should not be published and is not precedent except under the limited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.
of the briefs and pertinent parts of the record.   Having done so,

we find no reversible error in the district court’s interpretation

of the Guidelines or exercise of its discretion to deny retroactive

relief on the one-level weapons enhancement pursuant to U.S.S.G.

§2B3.1(b)(6).

          The judgment on Guerrero’s motion is AFFIRMED.




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