United States v. Griffin

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-30380 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

DERRICK GRIFFIN,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 96-CR-113-4-S -------------------- December 11, 2002

Before JOLLY, DAVIS, and JONES, Circuit Judges.

PER CURIAM:*

Derrick Griffin (“Griffin”), federal inmate #72682-079,

appeals the district court’s order denying his motion to modify

his sentence pursuant to 18 U.S.C. § 3582(c)(2). Griffin argues

that Amendment 599, which amends the Application Notes for

U.S.S.G. § 2K2.4, resulted in a change to the applicable

sentencing guidelines, entitling him to a modification of his

sentence. Amendment 599 is inapplicable to this case. Griffin’s

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 02-30380 -2-

guideline sentencing range was computed under U.S.S.G. § 2D1.1,

not U.S.S.G. § 2K2.4. Therefore, his claims are without merit.

The district court’s judgment is AFFIRMED.