United States v. Naranjo

November 18, 1993 [NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT No. 93-1469 UNITED STATES, Appellee, v. LUIS EDUARDO NARANJO, Defendant, Appellant. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND [Hon. Ernest C. Torres, U.S. District Judge] Before Breyer, Chief Judge, Torruella and Selya, Circuit Judges. Luis Eduardo Naranjo on brief pro se. Edwin J. Gale, United States Attorney, and Zechariah Chaffee, Assistant United States Attorney, on brief for appellee. Per Curiam. On April 12, 1991, appellant Luis Eduardo Naranjo was sentenced to 63 months in prison for drug offenses. At sentencing, Naranjo 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. Naranjo 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) (per curiam), we affirm the district court's denial of Naranjo's request for a sentence reduction under amended 3E1.1. Affirmed.