IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-50314
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GUSTAVO GONZALEZ-BAUTISTA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-00-CR-318-ALL-H
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October 28, 2002
Before BARKSDALE, DeMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Gustavo Gonzalez-Bautista, federal prisoner number 15950-
051, appeals the denial of his motion for modification of
sentence pursuant to 18 U.S.C. § 3582(c)(2). He argues that
Amendment 632 is a clarification of U.S.S.G. § 2L1.2 and should
be applied retroactively. Amendments to the Guidelines may not
be applied retroactively upon a motion under 18 U.S.C.
§ 3582(c)(2) unless they are specifically set forth in U.S.S.G.
§ 1B1.10(c). U.S.S.G. § 1B1.10(a), p.s. (Nov. 2001). Amendment
*
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that this opinion should not be published and is not precedent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. 02-50314
-2-
632 is not listed in U.S.S.G. § 1B1.10(c) and therefore may not
be applied retroactively. See U.S.S.G. § 1B1.10(c), p.s. (Nov.
2001).
Gonzalez also contests his conviction. He alleges that he
is a United States citizen and, therefore, not properly the
subject of an illegal reentry conviction. Such a claim is not
cognizable in an 18 U.S.C. § 3582(c)(2) motion. The district
court did not abuse its discretion in denying Gonzalez’s motion.
AFFIRMED.