United States v. Ricardo Maciel

U.S. Court of Appeals for the Eleventh Circuit

United States v. Ricardo Maciel

Opinion

Case: 17-10571 Date Filed: 08/03/2017 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

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No. 17-10571

Non-Argument Calendar

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D.C. Docket No. 1:10-cr-20686-FAM-1 UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus RICARDO MACIEL,

Defendant-Appellant.

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Appeal from the United States District Court

for the Southern District of Florida

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(August 3, 2017) Before ED CARNES, Chief Judge, MARCUS and FAY, Circuit Judges. PER CURIAM:

Ricardo Maciel appeals pro se from the district court’s denial of his motion

Case: 17-10571 Date Filed: 08/03/2017 Page: 2 of 2 to reduce his sentence under 18 U.S.C. § 3582(c)(2). Maciel claims that he is entitled to relief based on Amendment 801 to the United States Sentencing Guidelines. We disagree. Section 3582(c)(2) allows relief only in accordance with the policy statements of the Sentencing Commission. And the Commission’s policy statement, which is codified at U.S.S.G. § 1B1.10, allows for sentence reductions based only on amendments to the guidelines that are specifically listed in § 1B1.10(d). Because Amendment 801 is not listed there, Maciel is not entitled to relief.

AFFIRMED.

2

Reference

Status
Unpublished