Case: 12-15568 Date Filed: 04/08/2013 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 12-15568
Non-Argument Calendar
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D.C. Docket No. 1:89-cr-01018-MP-GRJ-1
UNITED STATES OF AMERICA
L Plaintiff-Appellee,
versus
LUIS LAZARO VIERA,
L Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Florida
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(April 8, 2013)
Before CARNES, BARKETT and PRYOR, Circuit Judges.
PER CURIAM:
Luis Lazaro Viera appeals pro se the denial of his motion to reduce his
sentence. 18 U.S.C. § 3582(c)(2). Viera’s motion was based on Amendment 750
Case: 12-15568 Date Filed: 04/08/2013 Page: 2 of 2
to the Sentencing Guidelines. We affirm.
The district court did not err by denying Viera’s motion. Amendment 750
did not have the effect of lowering Viera’s sentencing range. Because the district
court had held Viera responsible for 50 kilograms of cocaine, he was ineligible for a
sentence reduction. See United States Sentencing Guidelines Manual
§ 2D1.1(c)(2) (establishing a base offense level of 36 for 50 kilograms or more of
cocaine). Viera challenges the amount of cocaine attributed to him, but the district
court could not disturb its earlier finding about drug quantity when considering
Viera’s motion to reduce. See United States v. Cothran, 106 F.3d 1560, 1562–63
(11th Cir. 1997). Viera also argues that he is entitled to relief under Freeman v.
United States, 564 U.S. ––––, 131 S. Ct. 2685 (2011), in which a plurality of the
Supreme Court held that a district court may grant a reduction of sentence when the
defendant was sentenced based on a plea agreement. Id. at 2691–95. Unlike the
defendant in Freeman, a jury found Viera guilty of conspiring to possess with intent
to distribute cocaine and cocaine base. Based on the quantity of drugs attributed to
Viera, his base offense level is unaltered by Amendment 750, and his sentencing
range remains unchanged.
We AFFIRM the denial of Viera’s motion to reduce his sentence.
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