Opinion
Case No. 2:13-CR-291 TS
02-21-2017
UNITED STATES OF AMERICA, Plaintiff, v. HECTOR TINAJERO, Defendant.
MEMORANDUM DECISION AND ORDER DISMISSING FOR LACK OF JURISDICTION DEFENDANT'S PRO SE MOTION FOR MODIFICATION OF SENTENCE
This matter is before the Court on Defendant's pro se Motion for Modification of Sentence. Defendant seeks a modification pursuant to 18 U.S.C. § 3582(c)(2), which permits a sentence modification "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."
Defendant's Motion technically only requested the appointment of counsel to pursue a reduction. The Court has construed the Motion as one seeking a reduction and counsel was appointed to review this matter.
Defendant's Motion relies on Sentencing Guidelines Amendment 782—effective November 1, 2014, and made retroactive by U.S.S.G. § 1B1.10(d)—which decreased base offense levels for certain drug offenses. Defendant was sentenced as a career offender under United States Sentencing Guideline § 4B1.1. The Court lacks the authority to reduce Defendant's sentence under § 3582(c) and Amendment 782 because Defendant was sentenced as a career offender.
United States v. Fisher, 658 F. App'x 363, 364 (10th Cir. 2016); United States v. Bowman, 645 F. App'x 744, 775 (10th Cir. 2016) --------
It is therefore
ORDERED that Defendant's pro se Motion for Modification of Sentence (Docket No. 98) is DISMISSED FOR LACK OF JURISDICTION.
DATED this 21st day of February, 2017.
BY THE COURT:
/s/_________
Ted Stewart
United States District Judge