United States v. Douglas

158 F. App'x 610

• Court: Court of Appeals for the Fifth Circuit
• Decided: December 14, 2005
• Docket: 05-10367
• Status: Unpublished

Opinion

PER CURIAM: *

Altonio O’Shea Douglas, federal prisoner #23798-077, appeals the district court’s denial of his second motion for modification of sentence pursuant to 18 U.S.C. § 3582(c)(2). Douglas argues that he is entitled to a reduced sentence under Amendment 505 to the Sentencing Guidelines and the Supreme Court’s decision in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

A district court exercises sound discretion in determining whether to grant a 18 U.S.C. § 3582(c)(2) motion, and we review its decision for abuse of discretion only. United States v. Gonzalez-Balderas, 105 F.3d 981, 982 (5th Cir.1997). The district court did not abuse its discretion in denying Douglas’s motion. This court’s previous opinion denying relief under § 3582(c)(2) with respect to Douglas’s Amendment 505 claim is the law of the case. See United States v. Becerra, 155 F.3d 740, 752-52 (5th Cir.1998). Douglas’s Booker claim is not cognizable in the context of a 18 U.S.C. § 3582(c)(2) motion because it is not based on a retroactive amendment to the Guidelines. See United States v. Shaw, 30 F.3d 26, 29 (5th Cir. 1994).

AFFIRMED.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.