Case: 08-30827 Document: 00511085456 Page: 1 Date Filed: 04/20/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 20, 2010
No. 08-30827
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
STEPHEN A COLLINS,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 3:06-CR-30003-1
Before SMITH, PRADO, and HAYNES, Circuit Judges.
PER CURIAM:*
Stephen A. Collins, federal prisoner # 135055-035, appeals the district
court’s ruling that he was ineligible for a reduction in sentence pursuant to 18
U.S.C. § 3582(c)(2) based on the amendments to the crack cocaine Guideline.
Although Collins argues that he was eligible for such a reduction, when a
defendant such as Collins is “subject to a statutory minimum sentence above the
upper end of his guideline range, even if the district court departs downwardly
from that minimum under a statutory exception, 18 U.S.C. § 3582(c)(2) provides
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 08-30827 Document: 00511085456 Page: 2 Date Filed: 04/20/2010
No. 08-30827
no authority to the district court to later modify the sentence based on
amendments to the guideline range.” United States v. Carter, 595 F.3d 575, 581
(5th Cir. 2010).
AFFIRMED.
2