ORDER

J. RANDAL HALL, District Judge.

On April 23, 2013, Defendant Donta Dwayn Betha pleaded guilty to conspiracy to possess with intent to distribute 5 grams or more of methamphetamine, in violation of 21 U.S.C. § 846. He was sentenced to serve 216 months imprisonment.

Presently, Defendant has filed a motion to reduce his sentence under 18 U.S.C. § 3582(c) (2) based upon Amendment 794 to the United States Sentencing Guidelines. Amendment 794 sets out new guidelines for the determination of whether a defendant should be granted a mitigating role reduction under U.S.S.G. § 3B1.2.

Section 3582(c) (2) allows a court to modify an imposed term of imprisonment if a defendant's sentencing range has been subsequently lowered by the Sentencing Commission. However, this provision is only triggered by an amendment listed in U.S.S.G. § 1B1.10(d) . ("In determining whether, and to what extent, a reduction in the defendant's term of imprisonment under 18 U.S.C. § 3582(c) (2) . . . is warranted,. . . the court shall substitute only the amendments listed in subsection (d) . . . and shall leave all other guideline application decisions unaffected" (emphasis added).). Amendment 794 is not a listed amendment in U.S.S.G. § 1B1.10(d).1 Consequently, even assuming Defendant's conduct would otherwise qualify him for a "minor role" reduction, Amendment 794 is not available to him retroactively in the post-conviction context.

Upon the foregoing, Defendant's motion to reduce sentence (doc. 229) is DENIED.

ORDER ENTERED.