IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-50694
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
STEPHEN BOGDON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. A-88-CR-120
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June 26, 1996
Before HIGGINBOTHAM, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Stephen Bogdon, Texas prisoner # 40215-080, appeals the
district court’s denial of his motion to reduce his term of
imprisonment under 28 U.S.C. § 3582(c)(2). He argues that the
district court abused its discretion in dismissing his §
3582(c)(2) motion. He argues that Amendment 268, which clarified
§ 4B1.2(2) of the U.S. Sentencing Guidelines, should be applied
retroactively to reduce his term of imprisonment. Because
*
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that this opinion should not be published and is not precedent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. 95-50694
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Amendment 268 is not listed as having retroactive application
under § 1B1.10(c) of the Guidelines, Bogdon may not obtain relief
under § 3582(c)(2). See United States v. Shaw, 30 F.3d 26, 29-30
(5th Cir. 1994); United States v. Miller, 903 F.2d 3412, 349 (5th
Cir. 1990).
AFFIRMED.