IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
November 5, 2009
No. 08-30995
Summary Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
TIMMIE FORD,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 5:97-CR-50040-1
Before BENAVIDES, PRADO, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Timmie Ford, federal prisoner # 09615-035, filed a motion for a reduced
sentence pursuant to 18 U.S.C. § 3582(c)(2) in which he sought a sentence
reduction based on Amendment 706 to the Federal Sentencing Guidelines, which
reduced the base offense level for most crack cocaine offenses. Ford appeals the
district court’s denial of that motion.
Ford’s argument that United States v. Booker, 543 U.S. 220 (2005) applies
in the context of § 3582(c)(2) proceedings is unavailing in light of United States
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 08-30995
v. Doublin, 572 F.3d 235, 238-39 (5th Cir. 2009). Also, Ford’s sentence was
based upon the career offender guideline. Because Ford’s guidelines range was
not derived from the quantity of crack cocaine involved in the offense, Ford was
not sentenced based on a sentencing range that was lowered by the Sentencing
Commission through Amendment 706. The district court therefore did not err
in denying Ford’s § 3582(c)(2) motion. See § 3582(c)(2); U.S.S.G.
§ 1B1.10(a)(2)(B).
AFFIRMED.
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