United States v. Arnold

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-41210
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GRAYLAND ARTHUR ARNOLD,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:97-CR-155
- - - - - - - - - -
December 11, 2002
Before JOLLY, DAVIS, and JONES, Circuit Judges.
PER CURIAM:*
Grayland Arthur Arnold, federal prisoner #06584-078, appeals
the district court’s denial of his motion for downward departure
pursuant to 18 U.S.C. § 3582(c). Arnold has failed to show that
relief under 18 U.S.C. § 3582(c)(1)(A)(i) or (c)(2) is available
to him as there has been no motion from the Director of the
Bureau of Prisons, and he has not alleged any amendment to or

-- 1 of 2 --

No. 01-41210
-2-
modification of the sentencing guidelines in effect when he was
sentenced. See 18 U.S.C. § 3582(c)(1)(A)(i) & (c)(2).
This appeal is without arguable merit and is thus frivolous.
See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983).
Accordingly, it is DISMISSED. See 5TH CIR. R. 42.2.
APPEAL DISMISSED.

-- 2 of 2 --