United States v. Bell

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED October 20, 2009 No. 08-31192 Conference Calendar Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee v.

MICHAEL BELL,

Defendant-Appellant

Appeal from the United States District Court for the Western District of Louisiana USDC No. 3:93-CR-30033-2

Before WIENER, BENAVIDES, and STEWART, Circuit Judges. PER CURIAM:* Michael Bell appeals the sentence imposed following the district court’s reduction of his sentence pursuant to 18 U.S.C. § 3582(c)(2). Bell argues that the holding in United States v. Booker, 543 U.S. 220 (2005), applies in § 3582(c)(2) proceedings and that the district court abused its discretion by not imposing a sentence below the amended guidelines sentencing range. Bell’s arguments are foreclosed by United States v. Doublin, 572 F.3d 235, 236-39 (5th Cir. 2009), petition for cert. filed (Sept. 21, 2009) (No. 09-6657). AFFIRMED.

* Pursuant to 5 TH C IR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR. R. 47.5.4.