United States v. Juan Paulino
678 F. App'x 57
| 3rd Cir. | 2017Background
- Paulino, a federal prisoner, pleaded guilty on April 23, 2015 to one count of illegal reentry under 8 U.S.C. § 1326(a), (b)(2).
- On November 12, 2015 the district court sentenced him to 57 months’ imprisonment under the then-current Guidelines.
- He did not appeal the sentence but filed a § 3582(c)(2) motion about a year later based on Amendment 802.
- Amendment 802 lowered enhancements for aliens previously removed for criminal conduct; he sought a reduction under § 3582(c)(2).
- The district court denied the motion, and Paulino appealed seeking summary reversal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Amendment 802 is retroactive for § 3582(c)(2) purposes | Paulino contends Amendment 802 should apply retroactively. | Government argues Amendment 802 is not listed in § 1B1.10(d) and thus not retroactive. | Amendment 802 not retroactive; district court properly denied. |
Key Cases Cited
- United States v. Flemming, 723 F.3d 407 (3d Cir. 2013) (amendment must be retroactive under § 1B1.10(d))
- United States v. Thompson, 70 F.3d 279 (3d Cir. 1995) (amendment cannot be retroactive if not listed in former § 1B1.10(d))