United States v. Griffin

* 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that this opinion should not be published and is not precedent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. 02-30380
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DERRICK GRIFFIN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 96-CR-113-4-S
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December 11, 2002
Before JOLLY, DAVIS, and JONES, Circuit Judges.
PER CURIAM:*
Derrick Griffin (“Griffin”), federal inmate #72682-079,
appeals the district court’s order denying his motion to modify
his sentence pursuant to 18 U.S.C. § 3582(c)(2). Griffin argues
that Amendment 599, which amends the Application Notes for
U.S.S.G. § 2K2.4, resulted in a change to the applicable
sentencing guidelines, entitling him to a modification of his
sentence. Amendment 599 is inapplicable to this case. Griffin’s

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No. 02-30380
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guideline sentencing range was computed under U.S.S.G. § 2D1.1,
not U.S.S.G. § 2K2.4. Therefore, his claims are without merit.
The district court’s judgment is AFFIRMED.

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