United States v. Young, 78 F. App'x 382 (5th Cir. 2003). · Go Syfert
United States v. Young, 78 F. App'x 382 (5th Cir. 2003). Cases Citing This Book View Copy Cite
No syfertize treatment data for this case.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
William YOUNG, Defendant-Appellant
03-50518.
Court of Appeals for the Fifth Circuit.
Oct 20, 2003.
Unpublished opinion
78 F. App'x 382
Joseph H Gay, Jr, Assistant US Attorney, US Attorney’s Office, San Antonio, TX, for Plaintiff-Appellee., William Young, US Penitentiary Beaumont, Beaumont, TX, for Defendant-Appellant.
King, Jolly, Stewart.
Unpublished
PER CURIAM. *

William Young, federal prisoner number 56038-080, appeals the denial of his motion for modification of sentence pursuant to 18 U.S.C. § 3582(c)(2). He argues that Buford v. United States, 532 U.S. 59, 121 S.Ct. 1276, 149 L.Ed.2d 197 (2001), clarified an amendment to U.S.S.G. § 4A1.2, comment, (n.3). He argues that under the clarification he would not have been eligible for the sentencing enhancement he received under the Armed Career Criminal Act, 18 U.S.C. § 924(e)(1), and its corresponding guideline provision at U.S.S.G. § 4B1.4(b)(3).

The amendment that Young argues was clarified by Buford is Amendment 382, effective November 1,1991, which changed the language in U.S.S.G. § 4A1.2, comment. (n.3). Amendment 382 is not listed in U.S.S.G. § lB1.10(c), and therefore may not be applied retroactively on Young’s motion. See United States v. Drath, 89 F.3d 216, 218 (5th Cir.1996). The denial of Young’s 18 U.S.C. § 3582(c)(2) motion was not an abuse of the district court’s discretion. Its order 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.