September 10, 1993
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 93-1292
LUIS F. MEJIA-GUTIERREZ,
Plaintiff, Petitioner,
v.
UNITED STATES,
Respondent.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Jose Antonio Fuste, U.S. District Judge]
Before
Breyer, Chief Judge,
Selya and Boudin, Circuit Judges.
Luis F. Mejia-Gutierrez on brief pro se.
Charles E. Fitzwilliam, United States Attorney, Edwin O. Vazquez,
Assistant United States Attorney, and Jose A. Quiles-Espinosa, Senior
Litigation Counsel, on brief for appellee.
Per Curiam. On October 25, 1989, Luis Mejia-
Gutierrez pled guilty to one count of bringing cocaine on
board an aircraft in violation of 21 U.S.C. 955. At
sentencing on January 25, 1990, the district court granted
Mejia-Gutierrez a two-level reduction in base offense level
for acceptance of responsibility, and sentenced him to 70
months in prison. Effective November 1, 1992, the United
States Sentencing Commission amended sentencing guideline
3E1.1 to permit an additional one-level reduction in base
offense level for persons eligible for the two-level
reduction for acceptance of responsibility. Mejia-Gutierrez
sought to reduce his sentence pursuant to the amended
guideline, claiming that the amendment should be applied
retroactively. The district court denied his request.
Because we have decided that the amendment in question is not
retroactive, see DeSouza v. United States, 995 F.2d 323, 324
(1st Cir. 1993), we affirm the district court's denial of
Mejia-Gutierrez's request for a sentence reduction under
amended 3E1.1.
Affirmed.