UNITED STATES v. VENTURA NIEVES (2018)

SUMMARY ORDER

Plaintiff-Appellant Pablo Ventura-Nieves, proceeding pro se, appeals from the district court’s denial of his motion for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2) and Amendment 794 to the United States Sentencing Guidelines, which revised the commentary regarding the application of role adjustments under U.S.S.G. § 3B1.2. We assume the parties’ familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.

Under § 3582(c)(2), a sentencing court may reduce a defendant’s term of imprisonment if it was based on a guidelines range subsequently lowered by the Sentencing Commission. In order to be eligible for relief under § 3582(c)(2), however, a defendant must establish that his sentence was lowered by an amendment to the Sentencing Guidelines that is listed as retroactive in U.S.S.G. § 1B1.10(d). See U.S.S.G. § 1B1.10; see also United States v. Derry, 824 F.3d 299, 303 (2d Cir. 2016) (“A defendant is thus eligible for a modification if he has been sentenced to a term of imprisonment based on a guideline range that has subsequently been lowered by an enumerated, retroactive amendment, and the guideline range applicable to him has been lowered as a result.” (internal quotation marks omitted) ). Amendment 794 cannot provide a basis for relief under 18 U.S.C. § 3582(c)(2) because it is not listed as a retroactive amendment under U.S.S.G. § 1B1.10(d).

We have considered Ventura-Nieves’s arguments and find them to be without merit. Accordingly, we AFFIRM the order of the district court.