UNITED STATES OF AMERICA v. JOSE IGNACIO SALINAS LANDAVERDE (2017)

Jose Salinas-Landaverde, federal prisoner # 65352-379, appeals, 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 Sentencing 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 originally 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.

PER CURIAM:*