IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-40580
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
IGNACIO MARTINEZ-TOVAR,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-01-CR-110-01
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October 1, 2002
Before BARKSDALE, DeMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Ignacio Martinez-Tovar ("Martinez"), federal prisoner # 82731-
079, appeals the district court's denial of his 18 U.S.C.
§ 3582(c)(2) motion for reduction of his sentence for attempted
illegal reentry into the United States after deportation. Martinez
argues that he is entitled to a sentence reduction under Amendment
632 to the sentencing guidelines because the amendment 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that this opinion should not be published and is not precedent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. 02-40580
-2-
U.S.S.G. § 2L1.2's enhancement for deportation following an
aggravated felony conviction.
Pursuant to 18 U.S.C. § 3582(c)(2), a sentencing court may
reduce a term of imprisonment "based on a sentencing range that has
been subsequently lowered by the Sentencing Commission . . . , if
such a reduction is consistent with applicable policy statements
issued by the Sentencing Commission." Section 3582(c)(2) applies
only to amendments to the sentencing guidelines that operate
retroactively, as set forth in subsection (c) of the applicable
policy statement, U.S.S.G. § 1B1.10. See United States v. Drath,
89 F.3d 216, 217-18 (5th Cir. 1996).
Amendment 632 is not listed in U.S.S.G. § 1B1.10(c), p.s.
Thus, an 18 U.S.C. § 3582(c)(2) sentence reduction based on
Amendment 632 would not be consistent with the Sentencing
Commission's policy statement. See id. at 218. Amendment 632
therefore cannot be given retroactive effect in the context of an
18 U.S.C. § 3582(c)(2) motion. See id.
In light of the foregoing, the district court lacked the
authority to reduce Martinez's sentence pursuant to 18 U.S.C.
§ 3582(c)(2). See United States v. Lopez, 26 F.3d 512, 515 & n.3
(5th Cir. 1994). The district court's order denying Martinez's
motion for reduction of sentence is AFFIRMED.