US v. Naranjo

Case Date: 11/18/1993
Court: United States Court of Appeals
Docket No: 93-1469


November 18, 1993
[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
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No. 93-1469

UNITED STATES,

Appellee,

v.

LUIS EDUARDO NARANJO,

Defendant, Appellant.
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APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF RHODE ISLAND
[Hon. Ernest C. Torres, U.S. District Judge]
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Before

Breyer, Chief Judge,
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Torruella and Selya, Circuit Judges.
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Luis Eduardo Naranjo on brief pro se.
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Edwin J. Gale, United States Attorney, and Zechariah Chaffee,
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Assistant United States Attorney, on brief for appellee.
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Per Curiam. On April 12, 1991, appellant Luis
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Eduardo Naranjo was sentenced to 63 months in prison for drug

offenses. At sentencing, Naranjo received a two-level

reduction in base offense level for acceptance of

responsibility. Effective November 1, 1992, the United

States Sentencing Commission amended sentencing guideline

3E1.1 to permit an additional one-level reduction in base

offense level for persons eligible for the two-level

reduction for acceptance of responsibility. Naranjo sought

to reduce his sentence pursuant to the amended guideline,

claiming that the amendment should be applied retroactively.

The district court denied his request. Because we have

decided that the amendment in question is not retroactive,

see DeSouza v. United States, 995 F.2d 323, 324 (1st Cir.
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1993) (per curiam), we affirm the district court's denial of

Naranjo's request for a sentence reduction under amended

3E1.1.

Affirmed.
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