IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
August 18, 2009
No. 09-40146
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
SHAWN KEITH BENTON,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:99-CR-176-9
Before HIGGINBOTHAM, DAVIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Shawn Keith Benton
raises arguments that are foreclosed by United States v. Doublin, ___ F.3d ___,
No. 08-30775, 2009 WL 1743661, at *3 (5th Cir. June 22, 2009), which rejected
the argument that United States v. Booker, 543 U.S. 220 (2005) applies in 18
U.S.C. § 3582(c)(2) proceedings and held that a district court may not reduce a
sentence below the minimum provided in the amended Guidelines. The
*
Pursuant to 5 TH C IR. 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should not be published and is not precedent except under the limited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 5 TH C IR. R. 47.5.4.
No. 09-40146
Government’s motion for summary affirmance is GRANTED, and the judgment
of the district court is AFFIRMED.
2