Opinion
No. 19-12392
09-10-2020
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. MARIO ANTON LEE, Defendant-Appellant.
[DO NOT PUBLISH] Non-Argument Calendar D.C. Docket No. 2:00-cr-00347-LSC-JHE-1 Appeal from the United States District Court for the Northern District of Alabama Before JORDAN, NEWSOM, and LUCK, Circuit Judges. PER CURIAM:
Mario Lee, proceeding pro se, appeals from the district court's order granting his motion for reduction of sentence under 18 U.S.C. § 3582(c)(2) based on Amendment 782 to the Sentencing Guidelines. We affirm.
The district court concluded that Amendment 782 made Mr. Lee - who was originally sentenced to 105 years in prison - eligible for a sentence reduction, and that his amended guideline range was 360 months to life imprisonment. The district court granted the § 3582(c) motion and sentenced Mr. Lee to 360 months in prison.
The arguments Mr. Lee presents on appeal - which were not raised below and are subject to plain-error review - are foreclosed by binding precedent. First, Mr. Lee argues that he should have had a hearing, but a district court is not required to hold a hearing on a § 3582(c) motion. See United States v. Caraballo-Martinez, 866 F.3d 1233, 1249 (11th Cir. 2017). Second, Mr. Lee seeks to attack his conviction and prior sentencing determinations, but such challenges are not cognizable through a § 3582(c) motion. See United States v. Bravo, 203 F.3d 778, 780 (11th Cir. 2000); United States v. Fair, 326 F.3d 1317, 1318 (11th Cir. 2003).
We deny Mr. Lee's request to recall the mandate in his 2002 criminal appeal, and motion for oral argument. We grant Mr. Lee's motion to amend the reply brief. --------
AFFIRMED.