Mejia-Gutierrez v. United States ( 1993 )

USCA1 Opinion

          September 10, 1993
                                [NOT FOR PUBLICATION]

                            UNITED STATES COURT OF APPEALS
                                FOR THE FIRST CIRCUIT

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        No. 93-1292 

                               LUIS F. MEJIA-GUTIERREZ,

                                Plaintiff, Petitioner,

                                          v.

                                    UNITED STATES,

                                     Respondent.


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                     APPEAL FROM THE UNITED STATES DISTRICT COURT

                           FOR THE DISTRICT OF PUERTO RICO


                    [Hon. Jose Antonio Fuste, U.S. District Judge]
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                                        Before

                                 Breyer, Chief Judge,
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                          Selya and Boudin, Circuit Judges.
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            Luis F. Mejia-Gutierrez on brief pro se.
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            Charles E. Fitzwilliam, United States Attorney, Edwin O.  Vazquez,
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        Assistant United States Attorney,  and Jose A. Quiles-Espinosa, Senior
                                               _______________________
        Litigation Counsel, on brief for appellee.


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                      Per  Curiam.   On  October  25,  1989, Luis  Mejia-
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            Gutierrez pled  guilty to  one count of  bringing cocaine  on

            board  an aircraft  in  violation of  21 U.S.C.     955.   At

            sentencing on  January 25,  1990, the district  court granted

            Mejia-Gutierrez a two-level reduction  in base offense  level

            for  acceptance of  responsibility, and  sentenced him  to 70

            months in  prison.   Effective November  1, 1992, the  United

            States  Sentencing Commission amended  sentencing guideline  

            3E1.1  to permit  an additional  one-level reduction  in base

            offense  level   for  persons  eligible   for  the  two-level

            reduction for acceptance of responsibility.   Mejia-Gutierrez

            sought  to  reduce  his  sentence  pursuant  to  the  amended

            guideline,  claiming that  the  amendment  should be  applied

            retroactively.    The  district  court  denied  his  request.

            Because we have decided that the amendment in question is not

            retroactive, see DeSouza  v. United States, 995 F.2d 323, 324
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            (1st  Cir. 1993), we  affirm the  district court's  denial of

            Mejia-Gutierrez's  request  for  a sentence  reduction  under

            amended   3E1.1.

                      Affirmed.
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