United States v. Chaney

* 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that this opinion should not be published and is not precedent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. 02-40982
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAI XAVIER CHANEY,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:97-CR-76-ALL
--------------------
February 19, 2003
Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
Jai Xavier Chaney, federal inmate # 99754-011, appeals the
district court’s order denying his motion to modify his sentence
pursuant to 18 U.S.C. § 3582(c)(2). Chaney, who is currently
serving a 92-month sentence for being a convicted felon in
possession of a firearm in violation of 18 U.S.C. §§ 922(g) and
924(a)(2), argues that Amendment 599, which amends the
Application Notes for U.S.S.G. § 2K2.4, resulted in a change to

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No. 02-40982
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the applicable sentencing guidelines, entitling him to a
modification of his sentence.
Amendment 599 is inapplicable to this case. Chaney’s
guideline sentencing range was computed under U.S.S.G.
§ 2K2.1(b)(4), not U.S.S.G. § 2K2.4. Therefore, his claim is
without merit. The district court’s judgment is AFFIRMED.

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