
    UNITED STATES of America, Plaintiff-Appellee v. Donald Ray NELSON, Defendant-Appellant.
    No. 09-50889
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Oct. 26, 2010.
    Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, San Antonio, TX, for Plaintiff-Appellee.
    Philip J. Lynch, Assistant Federal Public Defender, Henry Joseph Bemporad, Federal Public Defender, Federal Public Defender’s Office, San Antonio, TX, for Defendant-Appellant.
    Before SMITH, DENNIS, and CLEMENT, Circuit Judges.
   PER CURIAM:

Donald Ray Nelson, federal prisoner # 01636-051, appeals the district court’s decision granting a motion to reduce his sentence under 18 U.S.C. § 3582(c)(2) and denying a motion to reconsider that ruling. He argues that, pursuant to United States v. Booker, 543 U.S. 220, 125 S.Ct. 788, 160 L.Ed.2d 621 (2005), the district court was not limited to the amended guidelines range but could have granted a greater reduction after considering the 18 U.S.C. § 3553(a) factors.

In Dillon v. United States, — U.S. -, 130 S.Ct. 2683, 2692, 177 L.Ed.2d 271 (2010), the Supreme Court held that Booker does not apply to § 3582(c)(2) proceedings. Because Nelson’s argument is foreclosed by Dillon, 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 additional thirty days to file a brief is DENIED. 
      
       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     