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United States v. Naranjo, 93-1469 (1993)

Court: Court of Appeals for the First Circuit Number: 93-1469 Visitors: 7
Filed: Nov. 18, 1993
Latest Update: Mar. 02, 2020
Summary: November 18, 1993 [NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT ___________________ No. 93-1469 UNITED STATES, Appellee, v. LUIS EDUARDO NARANJO, Defendant, Appellant. ______________ ____________________ Luis Eduardo Naranjo on brief pro se.
USCA1 Opinion









November 18, 1993
[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT


___________________


No. 93-1469

UNITED STATES,

Appellee,

v.

LUIS EDUARDO NARANJO,

Defendant, Appellant.


____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF RHODE ISLAND


[Hon. Ernest C. Torres, U.S. District Judge]
___________________

____________________

Before

Breyer, Chief Judge,
___________
Torruella and Selya, Circuit Judges.
______________

____________________

Luis Eduardo Naranjo on brief pro se.
____________________
Edwin J. Gale, United States Attorney, and Zechariah Chaffee,
______________ __________________
Assistant United States Attorney, on brief for appellee.


____________________


____________________



















Per Curiam. On April 12, 1991, appellant Luis
___________

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.
___________ ______________

1993) (per curiam), we affirm the district court's denial of

Naranjo's request for a sentence reduction under amended

3E1.1.

Affirmed.
_________

























Source:  CourtListener

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