VIRGINIA M. HERNANDEZ COVINGTON, District Judge.
This matter comes before the Court pursuant to Flavio Suarez Carvajal's Motion for Minor Role Reduction in Light of Amendment 794 (Doc. # 156), filed on March 16, 2017. The Court directed the Government to file a response by March 29, 2017. (Doc. # 157). The Government filed its response (Doc. # 159) on March 27, 2017. For the reasons that follow, the Court denies the Motion.
On October 22, 2008, a grand jury indicted Carvajal for (1) conspiracy to possess with intent to distribute five kilograms or more of cocaine while aboard a vessel subject to the jurisdiction of the United States, in violation of 46 U.S.C. §§ 70503(a) and 70506(a) and (b), and 21 U.S.C. § 960(b)(1)(B)(ii) (Count One); and (2) possession with intent to distribute five kilograms or more of cocaine while aboard a vessel subject to the jurisdiction of the United States, in violation of 46 U.S.C. §§ 70503(a) and 70506(a), 18 U.S.C. § 2, and 21 U.S.C. § 960(b)(1)(B)(ii) (Count Two). (Doc. # 1). On January 8, 2009, Carvajal pled guilty to both Counts. (Doc. ## 51, 61). The Court sentenced Carvajal to 135 months' imprisonment. (Doc. ## 71, 77).
On November 28, 2014, Carvajal filed a motion under 18 U.S.C. § 3582(c)(2) to reduce his sentence pursuant to Amendment 782. (Doc. # 127). The Court denied the motion because Carvajal was not eligible for a reduction. (Doc. 138).
Carvajal then filed the instant Motion on March 16, 2017, requesting the Court grant him a minor role reduction under Amendment 794, which he asserts is retroactively applicable, and "reduc[e] Carvajal's offense level by 2 points." (Doc. # 156 at 3-4). The Government responded on March 27, 2017, and argues that the Court does not have the authority to retroactively reduce Carvajal's sentence pursuant to Amendment 794. (Doc. # 159).
Section 3582(c)(2) grants a district court the discretion to reduce a defendant's sentence if the defendant "has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission" and "such a reduction is consistent with applicable policy statements issued by the Sentencing Commission." 18 U.S.C. § 3582(c)(2). But, the Sentencing Commission has limited retroactive application of amendments to the sentencing guidelines in § 3582(c)(2) proceedings to those amendments listed in U.S.S.G. § 1B1.10(d). U.S.S.G. § 1B1.10(a). Accordingly, if an amendment is not listed in U.S.S.G. § 1B1.10(d), a reduction pursuant to § 3582(c)(2) is not authorized.
Because Amendment 794 is not listed among the retroactive amendments in U.S.S.G. § 1B1.10(d), Amendment 794 does not authorize a reduction in Carvajal's term of imprisonment under § 3582(c)(2).
Accordingly, it is hereby
Flavio Suarez Carvajal's Motion for Minor Role Reduction in Light of Amendment 794 (Doc. # 156) is