United States v. Tran

* 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that this opinion should not be published and is not precedent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
November 5, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-20427
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
NHAN KIEM (TONY) TRAN, also known as Tony Tran,
also known as Larry Tran,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-89-CR-135-2
--------------------
Before SMITH, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Nhan Kiem Tran (“Tran”), federal prisoner # 48684-079,
appeals the district court’s denial of his 18 U.S.C. § 3582
motion to reduce his sentence based on amendment 640 to the
sentencing guidelines.
Amendment 640 to U.S.S.G. § 2D1.1(a)(3) is not listed in
U.S.S.G. § 1B1.10(c). Therefore, this amendment may not be
applied retroactively to reduce Tran’s sentence. See United

-- 1 of 2 --

No. 03-20427
-2-
States v. Drath, 89 F.3d 216, 217-18 (5th Cir. 1996). Tran has
not shown that the court abused its discretion in denying his
motion for a modification of sentence. The judgment of the
district court is AFFIRMED.

-- 2 of 2 --