United States v. Williams

* 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this opinion should not be published and is not precedent except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
June 20, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-41103
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
PAUL DANA WILLIAMS, also known as Paul William Dana,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:91-CR-34-ALL
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Before SMITH, GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Paul Dana Williams, federal prisoner # 07339-051, appeals
the denial of his 18 U.S.C. § 3582(c) motion for modification of
sentence. He argues that retroactive Amendments 433, 506, and
591 to the Sentencing Guidelines coupled with the holding of
United States v. Booker, 125 S. Ct. 738 (2005), affected the
method by which U.S.S.G. § 4B1.1 (Career Offender) was applied to
his kidnapping and firearms convictions.

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No. 05-41103
-2-
Our review of Williams’s sentencing reveals that none of the
cited amendments have any application to the sentence the
district court imposed. To the extent that Williams invokes
Booker, such an argument is not cognizable in the context of a
18 U.S.C. § 3582(c)(2) motion because it is not based on a
retroactive amendment to the Guidelines. See United States v.
Shaw, 30 F.3d 26, 29 (5th Cir. 1994). In light of the foregoing,
the district court did not abuse its discretion in denying the
motion. See United States v. Pardue, 36 F.3d 429, 430 (5th Cir.
1994).
AFFIRMED.

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