IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-50371
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOE CLINTON SEGLER,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. A-88-CR-128
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March 6, 1996
Before DAVIS, BARKSDALE and DeMOSS, Circuit Judges.
PER CURIAM:*
Joe Clinton Segler appeals from the district court's order
denying his motion to reduce his prison term, filed pursuant to
18 U.S.C. § 3582(c)(2). He argues that his 1989 sentence for
manufacturing methamphetamine, in violation of 21 U.S.C.
§ 841(a)(1), would have been lower under a retroactive 1993
amendment to the Sentencing Guidelines, under which “mixtures or
substances” is given a different meaning. He contends that the
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 95-50371
-2-
district court abused its discretion by applying the 1994 edition
of the Sentencing Guidelines to his 1989 sentence, thus violating
his rights under the Ex Post Facto Clause. Although Segler is
correct that the district court erred, the court’s error is
harmless because, even if the correct guidelines were applied,
Segler’s guideline sentencing range would be above the statutory
maximum sentence. See United States v. Montoya-Ortiz, 7 F.3d
1171, 1182 (5th Cir. 1993). On that basis, the district court's
denial of the motion is
AFFIRMED.