United States v. Garcia , 186 F. App'x 486 ( 2006 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 21, 2006
Charles R. Fulbruge III
Clerk
No. 04-20761
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROQUE URDIALES GARCIA, also known as El Profe,
also known as Roberto,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:89-CR-232-3
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Before SMITH, GARZA and PRADO, Circuit Judges.
PER CURIAM:*
Roque Urdiales Garcia appeals the district court’s denial of
his 18 U.S.C. § 3582(c)(2) motion for a reduction of sentence.
Garcia contends that the district court abused its discretion by
refusing to reduce his sentence pursuant to Amendment 591 (2000)
to the Sentencing Guidelines. Garcia’s motions for leave to
address this court and for appointment of counsel are denied.
Garcia contends that Amendment 591 is designated for
retroactive application and mandates the use of U.S.S.G. § 2D1.5
*
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this opinion should not be published and is not precedent except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. 04-20761
-2-
(1987) to determine the offense level and the sentencing
guidelines range for his continuing criminal enterprise
conviction. Garcia asserts that in 1990, the sentencing court
applied U.S.S.G. § 2D1.1 (1987) to determine his total offense
level of 42 and his sentencing guidelines range of 360 months to
life imprisonment. Garcia contends that under § 2D1.5 (1987),
his offense level would be, at most, 38, and his sentencing
guidelines range would be 235 to 293 months of imprisonment.
Garcia has not shown that the district court relied on an
“incorrect view of the law” in denying his § 3582(c)(2) motion.
United States v. Thompson, 130 F.3d 676, 683 (5th Cir. 1997).
Accordingly, the district court did not abuse its discretion by
denying Garcia’s § 3582(c)(2) motion for a reduction of sentence.
United States v. Gonzalez-Balderas, 105 F.3d 981, 982 (5th Cir.
1997). The judgment of the district court is AFFIRMED; all
outstanding motions are DENIED.