Conference Calendar UNITED STATES OF AMERICA v. Cicero Fred Jackson

* 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should not be published and is not precedent except under the limited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. 06-11197
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
CICERO FRED JACKSON
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:00-CR-464-ALL
Before REAVLEY, BARKSDALE, and GARZA, Circuit Judges.
PER CURIAM:*
Cicero Fred Jackson, federal prisoner # 26054-177, pleaded guilty to
distribution of cocaine base. Jackson now appeals the district court’s denial of
his 18 U.S.C. § 3582(c)(2) motion. This court reviews a district court’s refusal to
lower a defendant’s sentence under § 3582(c)(2) for abuse of discretion. United
States v. Shaw, 30 F.3d 26, 28 (5th Cir. 1994).
United States Court of Appeals
Fifth Circuit
F I L E D
December 11, 2007
Charles R. Fulbruge III
Clerk

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No. 06-11197
2
Jackson’s contention that his sentence is subject to modification in light
of United States v. Booker, 543 U.S. 220 (2005), is without merit. Section
3582(c)(2) is inapplicable because Booker did not involve a retroactive
amendment to the Sentencing Guidelines by the Sentencing Commission. See
Shaw, 30 F.3d at 28; § 3582(c)(2).
Jackson’s appeal is dismissed as frivolous. See 5TH CIR. R. 42.2; Howard
v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). We caution Jackson that further
frivolous filings may result in the imposition of sanctions, including dismissal,
monetary penalties, and restrictions on his ability to file appeals in this court
and actions in any court subject to this court's jurisdiction.
APPEAL DISMISSED; SANCTION WARNING ISSUED.

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