Case: 12-11907 Date Filed: 09/11/2012 Page: 1 of 3
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 12-11907
Non-Argument Calendar
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D.C. Docket No. 3:08-cr-00041-LC-EMT-1
UNITED STATES OF AMERICA, lllllllllllllllllllllll
lllllllllllllllll
Plaintiff-Appellee,
versus
ALFREDO MATA, llllllllllllllllllllllllllllllllllllllll
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Florida
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(September 11, 2012)
Before BARKETT, MARCUS and KRAVITCH, Circuit Judges.
PER CURIAM:
Alfredo Mata appeals pro se the district court=s denial of his request for a sentence
Case: 12-11907 Date Filed: 09/11/2012 Page: 2 of 3
reduction pursuant to 18 U.S.C. 3582(c)(2) and Amendment 709 to the Sentencing Guidelines.
He argues that the district court wrongly failed to address Amendment 709 in denying his motion,
and improperly enhanced his sentence when it originally sentenced him in 2008.
In 2008, Mata was sentenced to a total of 146 months= imprisonment after he pled guilty to
one count of conspiracy to distribute and possess with intent to distribute more than 100 kilos of
marijuana, in violation of 21 U.S.C. 841(b)(1)(B)(vii); and one count of possession with intent
to distribute marijuana, in violation of 21 U.S.C. 841(b)(1)(D). He filed his first 3582(c)(2)
motion in 2011, and argued that a prior Texas conviction had been incorrectly used to increase
the applicable mandatory minimum sentence. While that motion was still pending, Mata filed a
second 3582(c)(2) motion in 2012, arguing, in part, that he was entitled to a sentence reduction
pursuant to Amendment 709 to the Sentencing Guidelines. The district court denied both
motions, noting that Amendment 750 only applied to crack cocaine offenses.
Mata moved the court to reconsider, asserting that his motion was actually based on
Amendment 709. The court denied reconsideration, concluding that it lacked jurisdiction under
3582(c)(2) to reduce his sentence. It did not expressly address Amendment 709 or Mata=s
argument regarding the Texas conviction.
However, Mata=s 3582(c)(2) motion relying on Amendment 709 fails for several
reasons. First, because Amendment 709 was enacted on November 1, 2007, and Mata was not
sentenced until 2008, Amendment 709 did not constitute a Asubsequent@ amendment. See 18
U.S.C. ' 3582(c)(2); see U.S.S.G. ' 1B1.10(a)(1); see U.S.S.G. App. C, Amend. 709 (Nov. 1,
2007). Second, Amendment 709 is not listed in 1B1.10, which we require in order for an
amendment to apply retroactively. See U.S.S.G. ' 1B1.10. Third, even if Amendment 709 was
2
Case: 12-11907 Date Filed: 09/11/2012 Page: 3 of 3
subsequent, retroactively applicable, and relevant, Mata appears to concede in his reply brief that
Amendment 709 does not apply to him.
Accordingly, even though the district court failed to make an explicit finding regarding
Amendment 709, the record is sufficient to permit Ameaningful appellate review@ and show that
Mata was not eligible for a reduction under Amendment 709. See United States v. Tobin, 676
F.3d 1264, 1309 (11th Cir. 2012). Moreover, the court=s mention of Amendment 750 rather than
709 was harmless, as Mata was not entitled to relief under Amendment 709. Because his
argument was meritless, the district court also did not abuse its discretion in denying his motion for
reconsideration of the denials of his 3582(c)(2) motions.
Upon review of the record, and consideration of the parties briefs, we affirm. 1
AFFIRMED.
1
Because obtaining relief under 3582(c)(2) is predicated upon a change to the
applicable guideline provision through an amendment, and Mata=s sentence enhancement claim
regarding the use of a prior conviction to enhance his sentence does not involve an amendment,
he is not entitled to relief, and we need not address that issue. United States v. Bravo, 203 F.3d
778, 782 (11th Cir. 2000) (noting that a 3582(c) motion does not Agrant to the court jurisdiction
to consider extraneous sentencing issues@).
3