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UNITED STATES v. PRIETO (2018)

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United States Court of Appeals, Fifth Circuit.

UNITED STATES of America, Plaintiff-Appellee v. Alejandro Casillas PRIETO, also known as Alex, Defendant-Appellant

No. 17-40986

Decided: August 31, 2018

Before HIGGINBOTHAM, GRAVES, and DUNCAN, Circuit Judges. Traci Lynne Kenner, Assistant U.S. Attorney, U.S. Attorney's Office, Eastern District of Texas, Tyler, TX, for Plaintiff-Appellee Alejandro Casillas Prieto, Pro Se

Alejandro Casillas Prieto, federal prisoner # 18154-078, appeals the district court’s denial of his 18 U.S.C. § 3582(c)(2) motion to reduce his life sentence on his jury trial conviction for conspiracy to possess with intent to manufacture and distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine or 50 grams or more of methamphetamine (actual). Casillas Prieto sought relief under Amendment 782 to the Sentencing Guidelines, which modified the drug quantity table set out in U.S.S.G. § 2D1.1(c) and effectively lowered most drug-related base offense levels by two levels.

When considering a reduction under § 3582(c)(2), a district court must substitute the retroactive amendment “for the corresponding guideline provisions” while leaving “all other guideline application decisions unaffected.” U.S.S.G. § 1B1.10(b)(1), p.s.; see Dillon v. United States, 560 U.S. 817, 827, 130 S.Ct. 2683, 177 L.Ed.2d 271 (2010). The district court correctly determined that the revised total offense level for Casillas Prieto’s drug trafficking conviction was 43. Amendment 782 consequently results in no change in Casillas Prieto’s drug trafficking sentence because, even factoring in the amendment’s reduction of the base offense level, Casillas Prieto has a total offense level that corresponds to a guidelines range of life imprisonment, i.e., the guidelines range that applied at the time of the initial sentencing. The district court therefore did not abuse its discretion in denying the § 3582(c)(2) motion. See United States v. Henderson, 636 F.3d 713, 717 (5th Cir. 2011).

Accordingly, the district court’s judgment is AFFIRMED. Casillas Prieto’s motion for leave to file a reply brief out of time is GRANTED.

FOOTNOTES

FOOTNOTE.  

PER CURIAM: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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