Summary Calendar UNITED STATES OF AMERICA v. Edwin Tlimbrick

* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-40892
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
EDWIN T LIMBRICK
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:96-CR-54-2
Before STEWART, OWEN, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Edwin T. Limbrick, a federal prisoner, was convicted on several counts of
conspiracy and obstruction of interstate commerce by attempted robbery and the
use of a firearm in connection with the attempted robberies. He appeals the
district court’s denial of his motion for a reduction of his sentence pursuant to
18 U.S.C. § 3582(c)(2). He argues that retroactive amendments to U.S.S.G.
§ 2K2.4 entitle him to a lower sentencing range for his offenses.
United States Court of Appeals
Fifth Circuit
F I L E D
March 25, 2008
Charles R. Fulbruge III
Clerk

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No. 06-40892
2
Because none of the enhancements to his two obstruction-of-commerce
offenses under 18 U.S.C. § 1951 required the involvement of a firearm, the
amendments to U.S.S.G. § 2K2.4 are not relevant to Limbrick’s sentence.
Compare United States v. Dixon, 273 F.3d 636, 642-44 (5th Cir. 2001).
Accordingly, Limbrick has shown no abuse of discretion in the district court’s
denial of his motion. United States v. Pardue, 36 F.3d 429, 430 (5th Cir. 1994).
AFFIRMED.

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