UNITED STATES of America, Plaintiff-Appellee v. Billy Ray WHEELOCK, Defendant-Appellant, 390 F. App'x 408

PER CURIAM: Defendant-Appellant Billy Ray Wheel-ock appeals the district court’s denial of his 18 U.S.C. § 3582(c)(2) motion for reduction of sentence. In his § 3582(c)(2) motion, Wheelock- asserts that he is eligible for a sentence reduction based on Amendments 591, 706, and 715 to the Sentencing Guidelines. Wheelock was sentenced to a statutorily-mandated term of life imprisonment on his conviction for conspiracy to distribute more than 50 grams of crack cocaine because he committed that offense following two or more prior convictions for a felony drug offense. See 21 U.S.C. § 841(b)(1)(A).

Because, pursuant to our decision in United States v. Carter, 595 F.3d 575, 577-81 (5th Cir.2010), Wheelock was subject to a statutorily-mandated sentence that exceeded the guideline range, he was ineligible for a sentence reduction under § 3582(c)(2), regardless of any retroactive amendments affecting that guideline range. Accordingly, the judgment of the district court is AFFIRMED; the government’s motion for

summary affirmance is GRANTED; and its alternative motion for an extension of time is DENIED as moot. Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.