United States Court of Appeals, Fifth CircuitNov 5, 2009
352 Fed. Appx. 916 (5th Cir. 2009)

No. 08-30995 Summary Calendar.

November 5, 2009.

Cristina Walker, Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Louisiana, Shreveport, LA, for Plaintiff-Appellee.

Betty Lee Marak, Federal Public Defender's Office, Western District of Louisiana, Shreveport, LA, for Defendant-Appellant.

Appeal from the United States District Court for the Western District of Louisiana, USDC No. 5:97-CR-50040-1.

Before BENAVIDES, PRADO, and SOUTHWICK, Circuit Judges.

Timmie Ford, federal prisoner # 09615-035, filed a motion for a reduced sentence pursuant to 18 U.S.C. § 3582(c)(2) in which he sought a sentence reduction based on Amendment 706 to the Federal Sentencing Guidelines, which reduced the base offense level for most crack cocaine offenses. Ford appeals the district court's denial of that motion.

Ford's argument that United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005) applies in the context of § 3582(c)(2) proceedings is unavailing in light of United States v. Doublin, 572 F.3d 235, 238-39 (5th Cir. 2009). Also, Ford's sentence was based upon the career offender guideline. Because Ford's guidelines range was not derived from the quantity of crack cocaine involved in the offense, Ford was not sentenced based on a sentencing range that was lowered by the Sentencing Commission through Amendment 706. The district court therefore did not err in denying Ford's § 3582(c)(2) motion. See § 3582(c)(2); U.S.S.G. § 1B1.10(a)(2)(B).