[DO NOT PUBLISH]


            IN THE UNITED STATES COURT OF APPEALS
                                                                 FILED
                   FOR THE ELEVENTH CIRCUIT   U.S. COURT OF APPEALS
                     ________________________   ELEVENTH CIRCUIT
                                                              MAY 27, 2010
                            No. 09-16125                       JOHN LEY
                        Non-Argument Calendar                    CLERK
                      ________________________

                 D. C. Docket No. 93-00228-CR-T-24-A


UNITED STATES OF AMERICA,

                                                              Plaintiff-Appellee,

                                 versus

OMAR ANTONIO ANCHICO-MOSQUERA,
a.k.a. Willie Willie,

                                                        Defendant-Appellant.


                      ________________________

               Appeal from the United States District Court
                   for the Middle District of Florida
                    _________________________

                             (May 27, 2010)

Before EDMONDSON, PRYOR and KRAVITCH, Circuit Judges.
PER CURIAM:

      Omar Antonio Anchico-Mosquera, proceeding pro se, appeals the district

court’s denial of his motion to modify his sentence, pursuant to 18 U.S.C. §

3582(c)(2), based on Amendment 709, which clarified the rules for computing a

defendant’s criminal history score. Because (1) Amendment 709 does not apply

retroactively, and (2) United States v. Booker, 

, 

, 160 L.

Ed.2d 621 (2005) does not apply to § 3582(c)(2) proceedings, the district court did

not err by denying § 3582 relief. Moreover, the doctrine of the law of the case bars

this Court from considering, for a second time, Anchico-Mosquera’s challenges to

(1) the denial of a sentence reduction under Amendment 706, and (2) alleged

deficiences in the government’s 21 U.S.C. § 851 enhancement notice, which he

raised in a prior § 3582 proceeding. Accordingly, we affirm the district court’s

decision.

      AFFIRMED.




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