United States v. Morales
Opinion of the Court
ORDER
Mario Morales appeals the denial of his motion to reconsider an order denying his motion under 18 U.S.C. § 3582(c)(2) to reduce his sentence. We affirm.
In 2004 Morales pleaded guilty to conspiracy to commit racketeering, 18 U.S.C. § 1962(d), and possessing a firearm in connection with a drug trafficking crime, id. § 924(c)(1). The district court sentenced
Nearly 14 months after the denial of his § 3582(c)(2) motion, Morales filed a motion to reconsider in which he continued to assert that his sentence should be reduced based on Amendment 599. The district court denied Morales’ motion, noting that his appeal from the denial of the underlying motion had been dismissed as untimely-
Morales appeals from the denial of his motion to reconsider, again invoking Amendment 599 as a basis to reduce his sentence. But Morales filed his submission too late to be effectual as a motion to reconsider, because only a motion filed within the time for appeal — 14 days — can constitute a request for reconsideration. See United States v. Redd, 630 F.3d 649, 650 (7th Cir. 2011); United States v. Rollins, 607 F.3d 500, 504 (7th Cir. 2010). Morales’ submission could be treated as a new motion under § 3582(c)(2), but once a § 3582(c)(2) motion has been resolved the defendant may not file successive motions premised on the same amendment that supported the previous motion. See Redd, 630 F.3d at 650-51. In any event, Morales is not eligible for relief under § 3582(c)(2) because his sentencing range has not been retroactively lowered since he was sentenced. See United States v. Irons, 712 F.3d 1185,1189 (7th Cir. 2013); United States v. Forman, 553 F.3d 585, 588 (7th Cir . 2009).
We have considered Morales’ other arguments, and they do not merit discussion.
Affirmed.
Reference
- Full Case Name
- United States v. Mario MORALES
- Status
- Published