Case: 16-10480 Document: 00513765656 Page: 1 Date Filed: 11/18/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 16-10480 FILED
Summary Calendar November 18, 2016
Lyle W. Cayce
UNITED STATES OF AMERICA,
Clerk
Plaintiff-Appellee
v.
SERGIO PEREZ,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:08-CR-185-4
Before STEWART, Chief Judge, and CLEMENT and SOUTHWICK, Circuit
Judges.
PER CURIAM: *
Sergio Perez, federal prisoner # 38176-177, pleaded guilty to conspiracy
to possess with the intent to distribute five kilograms or more of cocaine and
was sentenced to 235 months of imprisonment to be followed by a five-year
term of supervised release. United States v. Perez, 442 F. App’x 952, 953 (5th
Cir. 2011). Perez filed a motion under 18 U.S.C. § 3582(c)(2) for a modification
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 16-10480 Document: 00513765656 Page: 2 Date Filed: 11/18/2016
No. 16-10480
of his sentence in light of Amendment 782 to the Sentencing Guidelines. The
district court granted the motion and reduced Perez’s sentence to 188 months
in prison. Perez moved under § 3582(c)(2) for another modification of his
sentence, this time under Amendment 775 to the Sentencing Guidelines. The
district court denied relief, determining that Perez was not qualified for a
reduction.
Section 3582(c)(2) permits the discretionary modification of a defendant’s
sentence “[i]n the case of a defendant who has been sentenced to a term of
imprisonment based on a sentencing range that has subsequently been lowered
by the Sentencing Commission pursuant to 28 U.S.C. [§] 994(o),” so long as the
reduction is consistent with the applicable policy statements. § 3582(c)(2); see
United States v. Doublin, 572 F.3d 235, 237 (5th Cir. 2009). Section 3582(c)(2)
applies only to retroactive guidelines amendments as set forth in U.S.S.G.
§ 1B1.10. Dillon v. United States, 560 U.S. 817, 826 (2010). We review de novo
whether a district court has authority to reduce a sentence under § 3582(c)(2).
United States v. Jones, 596 F.3d 273, 276 (5th Cir. 2010).
Perez’s § 3582(c)(2) motion was based on Amendment 775 to the
Sentencing Guidelines. Amendment 775 is not included in the list of
amendments set forth in § 1B1.10(d). Accordingly, Perez was not eligible for
relief under § 3582(c)(2) based on Amendment 775, and the district court did
not err in denying his motion. See Jones, 596 F.3d at 276.
AFFIRMED.
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