Case: 12-10774 Document: 00512152672 Page: 1 Date Filed: 02/22/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
February 22, 2013
No. 12-10774
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
QUINCY LEVINE ,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:03-CR-316-5
Before REAVLEY, JOLLY, and DAVIS, Circuit Judges.
PER CURIAM:*
Quincy Levine, federal prisoner # 30502-177, was convicted of possession
of cocaine with intent to distribute and he was sentenced to 360 months of
imprisonment. He appeals the denial of a motion for reduction of sentence
pursuant to 18 U.S.C. § 3582(c)(2). Levine argues that the district court erred
in determining that his status as a career offender made him ineligible for a
reduction of sentence pursuant to the Fair Sentencing Act and Guidelines
Amendment 750.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-10774 Document: 00512152672 Page: 2 Date Filed: 02/22/2013
No. 12-10774
The district court correctly determined that Levine was sentenced as a
career offender. As a career offender, Levine is not eligible for relief under
Amendment 750. See United States v. Anderson, 591 F.3d 789, 791 (5th Cir.
2009); Dillon v. United States, 130 S. Ct. 2683, 2691 (2010).
AFFIRMED.
2