UNITED STATES OF AMERICA v. MANUEL RAMIREZ ARELLANO (2016)

Manuel Ramirez-Arellano, who is serving a 63-month prison sentence after pleading guilty to conspiracy to import more than one kilogram of heroin, appeals the district court's decision to deny his motion for a sentence modification under 18 U.S.C. § 3582(c)(2). Through that motion, he requested that the court reduce his sentence based on Amendment 782 to the Sentencing Guidelines, which had the effect of retroactively lowering most drug-related base offense levels by two levels.

Ramirez-Arellano has not shown that the district court abused its discretion in denying the motion. See United States v. Henderson, 636 F.3d 713, 717 (5th Cir. 2011). The court correctly recognized that he was eligible for a reduction; however, it denied the motion as a matter of discretion citing the nature and circumstances of the offense, i.e., the large quantity of heroin for which Ramirez-Arellano was held responsible, which is an appropriate factor to consider. See Dillon v. United States, 560 U.S. 817, 826-27 (2010); 18 U.S.C. § 3553(a)(1). In addition, the district court had before it Ramirez-Arellano's arguments in favor of a sentence reduction and gave due consideration to the § 3582(c)(2) motion. See United States v. Whitebird, 55 F.3d 1007, 1010 (5th Cir. 1995).

AFFIRMED.

PER CURIAM:*