United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 24, 2006
Charles R. Fulbruge III
Clerk
No. 06-50167
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CHRISTOPHER SEAN CARTER,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:96-CR-28-ALL
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Before JOLLY, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Christopher Sean Carter, federal prisoner # 68711-080,
pleaded guilty in 1996 to possession with intent to distribute
cocaine base in violation of 21 U.S.C. § 841(a)(1). Carter now
appeals the district court’s denial of his 18 U.S.C. § 3582(c)(2)
motion.
Carter’s contention that his sentence is subject to
modification in light of United States v. Booker, 543 U.S. 220
(2005), is without merit. Section 3582(c)(2) is inapplicable
because Booker did not involve a retroactive amendment to the
*
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this opinion should not be published and is not precedent except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. 06-50167
-2-
Sentencing Guidelines. See United States v. Shaw, 30 F.3d 26,
28 (5th Cir. 1994); § 3582(c)(2).
With respect to Carter’s assertion that he is entitled to
relief under § 3582(c)(2) based on Amendment 591 to the
Guidelines, Carter did not raise this argument in the district
court. Accordingly, we need not consider it. See United States
v. Pardue, 36 F.3d 429, 431 (5th Cir. 1994). Regardless,
Carter’s argument is without merit. Amendment 591 is not
relevant to either the determination of a specific offense level
within the applicable guideline section or the consideration of
relevant conduct. See U.S.S.G. App. C, Amendment 591 (Nov.
2000). Therefore, the district court was not prohibited from
considering additional amounts of drugs not included in the
charged offense.
For the foregoing reasons, the judgment of the district
court is AFFIRMED.