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United States v. Jose Salinas-Landaverde
681 F. App'x 311
| 5th Cir. | 2017
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Docket

*1 Before JOLLY, SMITH, and GRAVES, Circuit Judges.

PER CURIAM: [*]

Jose Salinas-Landaverde, federal prisoner # 65352-379, appeals, *2 Case: 15-41460 Document: 00513900670 Page: 2 Date Filed: 03/07/2017

No. 15-41460

complaining of the district court’s denial of his motion for a sentence reduction per 18 U.S.C. § 3582(c)(2). He sought the reduction under Amendment 782 of the Sentencing Guidelines, effective November 1, 2014. See U.S.S.G. App. C, Amend. 788. The court denied the motion because Salinas-Landaverde was sentenced after the effective date.

Section 3582(c)(2) permits the discretionary modification of a sentence “in the case of a defendant who has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sen- tencing Commission” if such a reduction is consistent with applicable policy statements issued by the Commission. See Dillon v. United States , 560 U.S. 817, 824–26 (2010). A defendant is eligible for a reduction if the range origin- ally applicable to him was lowered by an amendment. See U.S.S.G. § 1B1.10(a)(1), p.s. (2014). Because Salinas-Landaverde was afforded the full benefit of Amendment 782, his sentencing range was not lowered as a result of it, and he was not eligible for a reduction under § 3582(c)(2). See Dillon , 560 U.S. at 824–26.

Accordingly, the judgment is AFFIRMED. Salinas-Landaverde’s motion for the appointment of counsel is DENIED.

2

[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

Case Details

Case Name: United States v. Jose Salinas-Landaverde
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Mar 7, 2017
Citation: 681 F. App'x 311
Docket Number: 15-41460
Court Abbreviation: 5th Cir.
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