IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-60899
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RICKY BERNARD HARDIN,
also known as Nard,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 3:97-CR-133-1-S
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June 18, 2002
Before HIGGINBOTHAM, DAVIS, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Ricky Bernard Hardin, federal prisoner # 10719-042, appeals
from the district court's denial of his motion to modify sentence
pursuant to 18 U.S.C. § 3582(c)(2). Hardin, who received a two-
level sentence enhancement under U.S.S.G. § 3B1.1(c) as an
organizer, leader, manager, or supervisor of criminal activity,
argues that Amendment 500 to the sentencing guidelines clarified
*
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that this opinion should not be published and is not precedent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. 01-60899
-2-
the law concerning such enhancements and should be applied
"retroactively" to reduce his sentence.
Amendment 500 took effect on November 1, 1993, prior to
Hardin's sentencing in 1998. See U.S.S.G., App. C, Amendment
500. Accordingly, Hardin's 18 U.S.C. § 3582(c)(2) motion is not
based on a sentencing range that has "subsequently" been lowered
by the Sentencing Commission. See United States v. Alvarez, 210
F.3d 309, 310 (5th Cir. 2000).
AFFIRMED.