USA v. Ricardo Maciel

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 17-10571
Non-Argument Calendar
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D.C. Docket No. 1:10-cr-20686-FAM-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RICARDO MACIEL,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Florida
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(August 3, 2017)
Before ED CARNES, Chief Judge, MARCUS and FAY, Circuit Judges.
PER CURIAM:
Ricardo Maciel appeals pro se from the district court’s denial of his motion
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to reduce his sentence under 18 U.S.C. § 3582(c)(2). Maciel claims that he is
entitled to relief based on Amendment 801 to the United States Sentencing
Guidelines. We disagree. Section 3582(c)(2) allows relief only in accordance with
the policy statements of the Sentencing Commission. And the Commission’s
policy statement, which is codified at U.S.S.G. § 1B1.10, allows for sentence
reductions based only on amendments to the guidelines that are specifically listed
in § 1B1.10(d). Because Amendment 801 is not listed there, Maciel is not entitled
to relief.
AFFIRMED.
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