United States v. Bogdon

Opinion

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.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. A-88-CR-120 - - - - - - - - - - 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* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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 - 2 -

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.