IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-50548
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee,
versus
PEDRO DE LA ROSA-VARGAS
Defendant-Appellant.
Appeal from the United States District Court
for the Western District of Texas
(01-CR-27)
October 9, 2002
Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM:*
Pedro De La Rosa-Vargas, federal prisoner # 15075-180, appeals
the district court’s denial of his motion for modification of his
sentence pursuant to 18 U.S.C. § 3582(c)(2). He argues that
Amendment 632 to the United States Sentencing Guidelines should be
applied retroactively to reduce his offense level under U.S.S.G.
*
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should not be published and is not precedent except under the limited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.
§ 2L1.2. Amendment 632 is not listed in U.S.S.G. § 1B1.10(c), p.s.
and, therefore, it is not retroactive. Further, under U.S.S.G.
§ 2L1.2, as amended, De La Rosa-Vargas’ offense level would have
remained the same because his prior conviction for burglary of a
habitation is considered a crime of violence under U.S.S.G.
§ 2L1.2(b)(1)(A) and its application notes.1 Because Amendment 632
is not retroactive, the district court lacked authority to modify
De La Rosa-Vargas’ sentence under 18 U.S.C. § 3582(c)(2).2
AFFIRMED.
1
See U.S.S.G. § 2L1.2(b)(1)(A), comment. (n. 1(B)(ii)) (Nov. 2001).
2
See United States v. Lopez, 26 F.3d 512, 515 & n.3 (5th Cir. 1994).
2