U.S. v. MANNERS, 403 Fed.Appx. 921 (5th Cir. 2010)

UNITED STATES of America, Plaintiff-Appellee v. Cleveland MANNERS, also known as Mickey, Defendant-Appellant.

No. 08-20638 Conference Calendar.United States Court of Appeals, Fifth Circuit.
December 8, 2010.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Mary Jane Harmon, James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.

Cleveland Manners, Beaumont, TX, pro se.

Appeal from the United States District Court for the Southern District of Texas, USDC No. 4:01-CR-843-4.

Before KING, BENAVIDES, and PRADO, Circuit Judges.

PER CURIAM:[*]

[*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

Cleveland Manners, federal prisoner # 13608-179, appeals from the district court’s denial of his 18 U.S.C. § 3582(c)(2) motion for a sentence reduction based on the crack cocaine amendments to the Sentencing Guidelines. He argues that the amendments conflict with United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), and impermissibly preclude the district court from reducing his sentence below the amended guidelines range of imprisonment. Manners’s arguments are foreclosed by Dillon v. United States, ___ U.S. ___, 130 S.Ct. 2683, 2691-94, 177 L.Ed.2d 271 (2010), which held that Booker does not apply to § 3582(c)(2) proceedings.

Manners has moved for the appointment of counsel. Manners has failed to show that the interests of justice require the appointment of counsel. His motion for the appointment of counsel is DENIED.

The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED. The Government’s alternative motion for an extension of time to file a brief is DENIED.

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