United States v. Gilberto Hernandez

U.S. Court of Appeals for the Eleventh Circuit
United States v. Gilberto Hernandez, 628 F. App'x 727 (11th Cir. 2016)

United States v. Gilberto Hernandez

Opinion

PER CURIAM:

Gilberto Hernandez appeals pro se-the denial of his motion to reduce his sentence of imprisonment for life. 18 U.S.C. § 3582(c)(2). Hernandez sought a reduction based on Amendment 782 to the Sentencing Guidelines. We affirm,

The district court did not err by denying Hernandez’s motion to reduce. Because Hernandez’s sentence was based on the statutory mandatory minimum, United States Sentencing Guidelines Manual § 5Gl.l(b) (Nov. 1993), not on the drug quantity tables, see id. § 2D1.1, he was ineligible for a reduction of his sentence under Amendment 782, see id. § 1B1.10 cmt n. 1(A). Hernandez argues that he was entitled to a reduction under the statutory sentencing factors, see 18 U.S.C. § .3553(a), but a district court cannot consider the sentencing factors unless it determines that a defendant is eligible for a sentence reduction. See United States v. Bravo, 203 F.3d 778, 780-81 (11th Cir. 2000). The district court lacked authority to reduce Hernandez’s sentence.

We AFFIRM the denial of Hernandez’s motion to reduce.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Gilberto HERNANDEZ, Defendant-Appellant
Status
Unpublished