United States v. Allen

No. 99-10698
-1-
* 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that this opinion should not be published and is not precedent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. 99-10698
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANTHONY GEORGE ALLEN,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:92-CR-365-1-D
--------------------
April 13, 2000
Before WIENER, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM:*
Anthony George Allen, federal prisoner #40428-053, appeals
from the district court’s denial of his motion for reduction of
sentence pursuant to 18 U.S.C. § 3582(c)(2). He argues that he
was entitled to a reduction in his sentence based upon the
retroactive application of Amendment 505 to U.S.S.G. § 2D1.1(c).
Amendment 505, which does apply retroactively, amended § 2D1.1 to
establish level 38 as the highest category of the drug quantity
table. Even if Amendment 505 was retroactively applied to
Allen’s case, however, his new offense level would still result

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No. 99-10698
-2-
in a term of life imprisonment. Allen’s claim that he was
entitled to an additional three-level reduction for acceptance of
responsibility was explicitly rejected by this court on his
direct appeal and, further, there is nothing in the record to
support his contention that the Government would have agreed with
his request for such a reduction. The district court did not
abuse its discretion by denying Allen’s motion for reduction of
sentence. See United States v. Gonzalez-Balderas, 105 F.3d 981,
984 (5th Cir. 1997). Accordingly, the judgment of the district
court is AFFIRMED.

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