Case: 12-30767 Document: 00512214557 Page: 1 Date Filed: 04/19/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 19, 2013
No. 12-30767
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff–Appellee,
v.
RAY HATTON, JR.,
Defendant–Appellant.
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 2:08-CR-109-1
Before HIGGINBOTHAM, OWEN, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Ray Hatton, Jr., federal prisoner # 13987-035, appeals the denial of his
motion for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2). He pleaded
guilty to using a facility in interstate commerce to attempt to coerce a minor to
engage in criminal sexual acts and was sentenced to 65 months in prison.
On appeal, Hatton contends that he is entitled to resentencing under
Amendment 732 to the Sentencing Guidelines. The district court is authorized
to reduce a sentence based on a sentencing range that subsequently was lowered
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-30767 Document: 00512214557 Page: 2 Date Filed: 04/19/2013
No. 12-30767
by the Sentencing Commission only if the amendment to the Guidelines is listed
in § 1B1.10(c) of the Guidelines. See 18 U.S.C. § 3582(c)(2); UNITED STATES
SENTENCING GUIDELINES MANUAL § 1B1.10(a) & cmt. n.1 (2004). Amendment
732 is not listed in § 1B1.10(c). Accordingly, the district court’s denial of
Hatton’s motion was not an abuse of discretion. See UNITED STATES SENTENCING
GUIDELINES MANUAL § 1B1.10 cmt. n.1 (2004); United States v. Drath, 89 F.3d
216, 217-18 (5th Cir. 1996).
AFFIRMED.
2