Case: 09-30806 Document: 00511086668 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. 09-30806
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
WILLIAM HOWARD PENN, JR.,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 6:96-CR-60005-1
Before SMITH, PRADO, and HAYNES, Circuit Judges.
PER CURIAM:*
William Howard Penn, Jr., federal prisoner # 09172-035, appeals the
district court’s denial of his motion to reduce his sentence pursuant to 18 U.S.C.
§ 3582(c)(2) based on the amendments to the crack cocaine Guideline. He argues
that, in light of United States v. Booker, 543 U.S. 220 (2005), the district court
was authorized to reduce his sentence based on the new advisory guidelines
range and after consideration of the 18 U.S.C. § 3553(a) factors. He further
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-30806 Document: 00511086668 Page: 2 Date Filed: 04/20/2010
No. 09-30806
contends that his career offender status did not preclude the court from reducing
his sentence.
Penn concedes that these issues are foreclosed by this court’s precedent,
but raises the issues in order to preserve them for further review. See United
States v. Anderson, 591 F.3d 789, 790-91 (5th Cir. 2009), and United States v.
Doublin, 572 F.3d 235, 236-39 (5th Cir.), cert. denied, 130 S. Ct. 517 (2009).
AFFIRMED.
2