Case: 13-12045 Date Filed: 11/20/2013 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 13-12045
Non-Argument Calendar
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D.C. Docket No. 9:00-cr-08075-DTKH-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LELIO DELVA,
a.k.a. Lelio Delua,
a.k.a. Noel Romial,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Florida
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(November 20, 2013)
Before WILSON, PRYOR and ANDERSON, Circuit Judges.
PER CURIAM:
Case: 13-12045 Date Filed: 11/20/2013 Page: 2 of 2
Lelio Delva appeals the denial of his motion to reduce his sentence. See 18
U.S.C. § 3582(c)(2). Delva sought a reduction under Amendment 750 to the
Sentencing Guidelines and the Fair Sentencing Act of 2010. We affirm.
Delva’s arguments are foreclosed by our precedent. We have held that
defendants, like Delva, whose sentences are based on the mandatory minimum
guideline, see United States Sentencing Guidelines Manual § 5G1.1(b); 21 U.S.C.
§ 841(b)(1)(A), not on the drug quantity tables, see U.S.S.G. § 2D1.1, are
ineligible for a reduction of their sentence under Amendment 750. See United
States v. Mills, 613 F.3d 1070, 1074–79 (11th Cir. 2010); United States v.
Williams, 549 F.3d 1337, 1340 (11th Cir. 2008). Delva also cannot obtain relief
under the Fair Sentencing Act. The Act “is not a guidelines amendment by the
Sentencing Commission . . . [that can] serve as a basis for a . . . sentence
reduction,” and does not apply to Delva because he was sentenced before the Act
became effective on August 3, 2010. See United States v. Hippolyte, 712 F.3d
535, 542 (11th Cir. 2013); United States v. Berry, 701 F.3d 374, 376–78 (11th Cir.
2012).
We AFFIRM the denial of Delva’s motion to reduce his sentence.
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