October 5, 1993
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 93-1289
UNITED STATES,
Appellee,
v.
HERNANDO DUQUE JARAMILLO,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Raymond L. Acosta, U.S. District Judge]
Before
Cyr, Boudin and Stahl,
Circuit Judges.
Hernando Duque Jaramillo, on brief pro se.
Charles E. Fitzwilliam, United States Attorney, Jose A.
Quiles-Espinosa, Senior Litigation Counsel, and Warren Vazquez,
Assistant United States Attorney, on brief for appellee.
Per Curiam. On January 16, 1990, appellant
Hernando Duque-Jaramillo was sentenced to 60 months in prison
for drug offenses. At sentencing, Duque-Jaramillo received a
two-level reduction in base offense level for acceptance of
responsibility. 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. Duque-Jaramillo
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
Duque-Jaramillo's request for a sentence reduction under
amended 3E1.1.
Affirmed.
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