Opinion
Case No. 06-cr-20172-01
05-23-2017
UNITED STATES OF AMERICA, Plaintiff, v. D-1, ROBERT JAMES OCAMPO, Defendant.
ORDER DENYING MOTION FOR RETROACTIVE APPLICATION OF SENTENCING GUIDELINES UNDER 18 U.S.C. § 3582
On April 24, 2017 federal prisoner Robert James Ocampo filed a pro se motion for a reduction in his sentence based on Amendment 798 of the United States Sentencing Guidelines pursuant to 18 U.S.C. § 3582. See ECF No. 631. Under 18 U.S.C. § 3582, a court may modify a term of imprisonment when a defendant has been sentenced based on a sentencing range that has been subsequently lowered by the Sentencing Commission. A district court may only resentence a defendant pursuant to a sentencing guideline amendment if the Sentencing Commission has determined that the amendment is retroactive. United States v. Horn, 679 F.3d 397, 400 (6th Cir. 2012). Amendments that have been deemed retroactive are listed in U.S.S.G. § 1B1.10(d).
Amendment 798 is not listed in § 1B1.10(d), and has not been made retroactive. See United States v. Johnson, 665 F. App'x 788, 793 (11th Cir 2016), Lebron v. United States, 2017 WL 2116277, at *1 (E.D. Wis. May 15, 2017). Ocampo therefore is not entitled to any relief under § 3582.
Accordingly, it is ORDERED that Ocampo's Motion for Retroactive Application of Sentencing Guidelines to Drug Offense 18 U.S.C. 3582, ECF No. 631, is DENIED.
s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge Dated: May 23, 2017
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on May 23, 2017.
s/Kelly Winslow
KELLY WINSLOW, Case Manager