United States v. Franklin

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
April 11, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-30187
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CHARLES EDWARD FRANKLIN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:97-CR-287-ALL-K
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Before JONES, Chief Judge, and JOLLY and DAVIS, Circuit Judges.
PER CURIAM:*
Charles Edward Franklin, federal prisoner # 02917-095,
appeals the district court’s denial of his 18 U.S.C. § 3582(c)(2)
motion to reduce his sentence based on Amendment 599 to the
United States Sentencing Guidelines. Franklin pleaded guilty to
being a felon in possession of a firearm, in violation of 18
U.S.C. §§ 922(g)(1) and 924(e)(1). The district court sentenced
him as an armed career criminal under U.S.S.G. § 4B1.4.

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No. 04-30187
-2-
Franklin argues that the enhancement for being an armed
career criminal was impermissible double counting under Amendment
599. However, that provision did not change § 4B1.4, see
U.S.S.G. App. C, amend. 599, and the denial of Franklin’s
§ 3582(c)(2) motion was not an abuse of discretion. See United
States v. Pardue, 36 F.3d 429, 430 (5th Cir. 1994).
AFFIRMED.

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