United States v. Araujo-Avila

* 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this opinion should not be published and is not precedent except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
February 13, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-51596
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ABEL ARAUJO-AVILA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:98-CR-310-ALL
--------------------
Before BARKSDALE, GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
Abel Araujo-Avila (Araujo), federal prisoner # 88995-080,
appeals the denial of his 18 U.S.C. § 3582(c)(2) motion to reduce
sentence. He argues pursuant to Amendment 668 to the Sentencing
Guidelines that he is entitled to a role adjustment in his
offense level. Araujo, however, has failed to brief the issue
whether the district court erred in holding that his motion was
meritless because Amendment 668 has not been designated
retroactively applicable under U.S.S.G. § 1B1.10(c) (2006). He

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No. 05-51596
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has therefore waived its review. See Yohey v. Collins, 985 F.2d
222, 225 (5th Cir. 1993).
AFFIRMED.

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