U.S. Court of Appeals for the Eleventh Circuit, 2010

United States v. Omar Antonio Anchico-Mosquera

United States v. Omar Antonio Anchico-Mosquera
U.S. Court of Appeals for the Eleventh Circuit · Decided May 27, 2010 · Edmondson, Pryor, Kravitch
380 F. App'x 903

United States v. Omar Antonio Anchico-Mosquera

Opinion

PER CURIAM:

Omar Antonio Anchico-Mosquera, proceeding pro se, appeals the district court’s denial of his motion to modify his sentence, pursuant to 18 U.S.C. § 3582(c)(2), based on Amendment 709, which clarified the rules for computing a defendant’s criminal history score. Because (1) Amendment 709 does not apply retroactively, and (2) United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005) does not apply to § 3582(c)(2) proceedings, the district court did not err by denying § 3582 relief. Moreover, the doctrine of the law of the case bars this Court from considering, for a second time, Anchico-Mosquera’s challenges to (1) the denial of a sentence reduction under Amendment 706, and (2) alleged deficiencies in the government’s 21 U.S.C. § 851 enhancement notice, which he raised in a prior § 3582 proceeding. Accordingly, we affirm the district court’s decision.

AFFIRMED.

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