United States v. Lafayette Sheppard

497 F. App'x 433

Opinion

PER CURIAM: *

Lafayette Sheppard, federal prisoner # 41284-177, appeals the district court’s denial of a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2) based upon the amendment to the Guidelines that implemented the Fair Sentencing Act of 2010. Sheppard maintains that he is entitled to a reduction to his sentence based upon the crack cocaine amendments. He thus asserts that the district court abused its discretion in denying his § 3582(c)(2) motion.

“The crack cocaine guideline amendments do not apply to prisoners sentenced as career offenders.” United States v. Anderson, 591 F.3d 789, 791 (5th Cir.2009); see also United States v. Webb, 425 Fed.Appx. 406, 407 (5th Cir.2011) (relying on Anderson to affirm the denial of a § 3582(c)(2) motion under Amendment 750 where the appellant was sentenced as a career offender). Sheppard’s sentence was based not on the amount of drugs, but on his status as a career offender. Thus, the district court did not abuse its discretion in denying Sheppard’s § 3582(c)(2) motion. See United States v. Evans, 587 F.3d 667, 672 (5th Cir.2009). Accordingly, the judgment of the district court is 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* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.