United States v. Roberts

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 97-41185 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CARDELL FITZGERALD ROBERTS, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:93-CR-161-1 - - - - - - - - - - June 17, 1998 Before DAVIS, PARKER, and DENNIS, Circuit Judges. PER CURIAM:* Cardell Fitzgerald Roberts appeals from the denial of his motion, pursuant to 18 U.S.C. § 3582(c)(2), to reduce the term of imprisonment imposed upon him. Roberts was sentenced to 200 months’ imprisonment and six years’ supervised release, after pleading guilty to one count of possession with intent to distribute cocaine base within 1,000 feet of a public school, in violation of 21 U.S.C. §§ 841(a)(1) and 860. As the decision to grant a § 3582(c)(2) motion is discretionary, we review the * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.