United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 21, 2003
Charles R. Fulbruge III
Clerk
No. 03-40086
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
AZZEDINE FAIDY,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:99-CR-70-1
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Before KING, Chief Judge, and JOLLY and STEWART, Circuit Judges.
PER CURIAM:*
Azzedine Faidy, federal prisoner # 07913-078, appeals the
district court’s denial of his 18 U.S.C. § 3582(c)(2) motions
wherein he argued that the 2001 Sentencing Guidelines version
of U.S.S.G. § 2L1.2(b) should be applied retroactively to his
sentence under Amendment 632. Faidy was convicted for attempted
reentry into the United States following deportation in violation
of 8 U.S.C. § 1326.
*
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that this opinion should not be published and is not precedent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. 03-40086
-2-
An amendment to the Sentencing Guidelines may not be
applied retroactively upon a motion under 18 U.S.C. § 3582(c)(2)
unless it is specifically set forth in U.S.S.G. § 1B1.10(c).
U.S.S.G. § 1B1.10(a), p.s. (Nov. 2001). Because Amendment 632
is not listed in U.S.S.G. § 1B1.10(c), it may not be applied
retroactively on Faidy's motions. See United States v. Drath,
89 F.3d 216, 218 (5th Cir. 1996). Accordingly, the district
court did not abuse its discretion when it denied Faidy’s
18 U.S.C. § 3582(c)(2) motions.
AFFIRMED.