United States v. David Frank

Case: 09-30508 Document: 00511057774 Page: 1 Date Filed: 03/22/2010 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED March 22, 2010 No. 09-30508 Summary Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DAVID JEROME FRANK, Defendant-Appellant Appeal from the United States District Court for the Western District of Louisiana USDC No. 2:03-CR-20067-1 Before BENAVIDES, PRADO, and SOUTHWICK, Circuit Judges. PER CURIAM:* David Jerome Frank appeals the district court’s order denying his motion to reduce his sentence under 18 U.S.C. § 3582(c)(2) in light of the amendment to the crack cocaine guideline. He asserts that he is entitled to a sentence reduction pursuant to U.S.S.G. § 1B1.10 and the sentencing factors under 18 U.S.C. § 3553(a) because he was convicted of conspiracy to distribute cocaine base. He contends that his status as a career offender should not preclude the reduction of his sentence. He also asserts that he is eligible for a sentence * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. Case: 09-30508 Document: 00511057774 Page: 2 Date Filed: 03/22/2010 No. 09-30508 reduction in light of United States v. Booker, 543 U.S. 220 (2005). After Frank’s brief was filed in this court, we issued our decision in United States v. Anderson, 591 F.3d 789 (5th Cir. 2009). The issues raised by Frank are foreclosed by Anderson, 591 F.3d at 789-91. AFFIRMED. 2