1 Local Rule 47.5 provides: "The publication of opinions

that have no precedential value and merely decide particular

cases on the basis of well-settled principles of law imposes

needless expense on the public and burdens on the legal

profession." Pursuant to that Rule, the Court has determined

that this opinion should not be published.

UNITED STATES COURT OF APPEALS

For the Fifth Circuit

___________________________

No. 95-20238

___________________________

UNITED STATES OF AMERICA,

Plaintiff-Apellee,

VERSUS

GERALD FRANCIS MCKNIGHT,

Defendant-Appellant.

___________________________________________________

Appeal from the United States District Court

For the Southern District of Texas

(CR-H-90-129)

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December 19, 1995

Before Politz, Chief Judge, Davis and Benavides, Circuit Judges

PER CURIAM:1

McKnight appeals the district court's refusal to reduce his

term of imprisonment under 18 U.S.C. § 3582(c)(2). We affirm. 

I.

McKnight was convicted of being a felon in possession of a

firearm (Count 1) and of carrying and using a deadly weapon in

relation to a drug offense (Count 2). His sentence was 210 months

for Count 1 under the United States Sentencing Guidelines and the

statutory minimum, 60 months under Count 2. In sentencing McKnight
 

2 McKnight was sentenced to 210 months under the

guidelines for sentencing a felon in possession of a firearm. 

The court could have sentenced McKnight under § 4B1.4 of the

guidelines, in which case, McKnight's offense level would have

been at least 34 and his criminal history category would have

been at least IV. See U.S.S.G. § 4B1.4(b)(3)(A), § 4B1.4(c)(3). 

With this offense level and criminal history, 210 months is the

2

for Count 1, the court used the 3,666.44 milliliters of

metamphetamine solution to arrive at his base offense level of 34.

Since McKnight was sentenced, the sentencing guidelines have

been amended to exclude "materials that must be separated from the

controlled substance before the controlled substance can be used."

U.S.S.G. App. C, amend. 484 (Nov. 1994). The metamphetamine

possessed by McKnight was dissolved in waste water and was only one

percent of the solution. As a result, the level of metamphetamine

for which he can be sentenced is now only one percent of the amount

for which he was actually sentenced. Therefore, McKnight contends,

his sentence for Count 1 should be reduced at least to the

statutory minimum of 180 months to reflect the new method of

calculating the amount of metamphetamine in his possession. The

district court refused to reduce McKnight's sentence.

II.

This court reviews the district court's ruling on a § 3582

(c)(2) motion for abuse of discretion. United States v. Shaw, 30

F.3d 26, 29 (5th Cir. 1994). The district court sentenced McKnight

under the guidelines for being a felon in possession of a firearm

in § 2K2.1 but could have sentenced McKnight as a career criminal

under § 4B1.4 to the same or an even higher sentence. See U.S.S.G.

§§ 2k2.1, 4B1.4 (Nov. 1990).2 Because McKnight could have received
very least that the district court could have sentenced McKnight

without making a downward departure.

3

the same sentence he is now serving even if the court had used the

new method of calculating the amount of metamphetamine, the

district court did not abuse its discretion when it refused to

reduce McKnight's sentence.

AFFIRMED