United States v. Uriarte , 644 F. App'x 811 ( 2016 )


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  •                                                                                 FILED
    United States Court of Appeals
    UNITED STATES COURT OF APPEALS                         Tenth Circuit
    FOR THE TENTH CIRCUIT                          March 17, 2016
    _________________________________
    Elisabeth A. Shumaker
    Clerk of Court
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.                                                        No. 15-6199
    (D.C. No. 5:13-CR-00205-D-1)
    JUAN CHAVEZ URIARTE,                                      (W.D. Okla.)
    Defendant - Appellant.
    _________________________________
    ORDER AND JUDGMENT*
    _________________________________
    Before LUCERO, MATHESON, and BACHARACH, Circuit Judges.
    _________________________________
    Jesus Caro-Cruz1 appeals the district court’s denial of his motion for a
    sentence reduction pursuant to 18 U.S.C. § 3582(c)(2) based on a subsequent change
    to the United States Sentencing Guidelines. Exercising jurisdiction under 28 U.S.C.
    § 1291, we affirm.
    *
    After examining the briefs and appellate record, this panel has determined
    unanimously that oral argument would not materially assist in the determination of
    this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore
    ordered submitted without oral argument. This order and judgment is not binding
    precedent, except under the doctrines of law of the case, res judicata, and collateral
    estoppel. It may be cited, however, for its persuasive value consistent with
    Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
    1
    Although charged as Juan Chavez-Uriarte, defendant’s actual name is Jesus
    Caro-Cruz.
    I
    In October 2013, Caro-Cruz pled guilty to conspiracy to possess
    methamphetamine with intent to distribute. His presentence report (“PSR”)
    recommended a base offense level of 38 because of the quantity of methamphetamine
    attributable to Caro-Cruz. It also recommended a two-level reduction because Caro-
    Cruz met the safety-valve requirements of U.S.S.G. § 5C1.2, and a three-point
    reduction for acceptance of responsibility, resulting in a total offense level of 33.
    Based on the total offense level and a criminal history category of I, the PSR
    recommended a Guidelines range of 135 to 168 months’ imprisonment. At a
    February 2014 sentencing hearing, Caro-Cruz was sentenced to a downwardly variant
    sentence of 96 months’ imprisonment, based on his age, lack of criminal history, and
    required deportation at the conclusion of his sentence.
    In 2014, the United States Sentencing Commission promulgated Guidelines
    Amendment 782, which generally lowered the offense level of individuals sentenced
    under § 2D1.1(c) by two. U.S.S.G. Manual, Supp to App. C, amend. 782. Following
    the amendment, Caro-Cruz filed a motion to reduce his sentence under 18 U.S.C.
    § 3582(c)(2). The district court denied the motion. Caro-Cruz timely appealed.
    II
    We review “de novo the scope of a district court’s authority to resentence a
    defendant in a § 3582(c)(2) proceeding.” United States v. Gay, 
    771 F.3d 681
    , 685
    (10th Cir. 2014). Federal courts may only modify a defendant’s sentence when
    Congress expressly authorizes it. § 3582(c); see also Dillon v. United States, 560
    -2-
    U.S. 817, 819-20 (2010). Congress has authorized courts to modify a sentence for “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.”
    § 3582(c)(2). A court may not generally reduce a defendant’s term of imprisonment
    to “less than the minimum of the amended guideline range.” U.S.S.G.
    § 1B1.10(b)(2)(A). But if the defendant originally received a sentence lower than the
    Guidelines range “pursuant to a government motion to reflect the defendant’s
    substantial assistance to authorities, a reduction comparably less than the amended
    guideline range . . . may be appropriate.” § 1B1.10(b)(2)(B).
    Under Amendment 782, Caro-Cruz would have a revised base offense level of
    36. His total offense level would be 31, and the amended Guidelines range would be
    108 to 135 months’ imprisonment. But because Caro-Cruz’s current sentence of 96
    months’ imprisonment is below the amended guidelines range, he is ineligible for a
    sentence reduction.
    Caro-Cruz argues that because defendants that receive a safety-valve sentence
    should be treated the same as defendants who provide substantial assistance, he
    should be eligible. He contends that the language of § 1B1.10(b)(2)(B) merely lists
    one example of defendants who are eligible for below-Guidelines modifications.
    However, the language of § 1B1.10(b)(2)(B) allows reductions below the amended
    Guidelines range only for defendants who provide substantial assistance. Courts are
    generally prohibited from reducing a sentence that is already below the low end of an
    amended Guidelines range. § 1B1.10(b)(2)(A). Section 1B1.10(b)(2)(B) is the only
    -3-
    narrow exception to that rule. Thus, a court does not have jurisdiction to reduce a
    defendant’s sentence below the amended Guidelines range absent a government
    motion for a reduction for substantial assistance. The government did not file such a
    motion in this case, and Caro-Cruz thus is ineligible for a reduction.
    Caro-Cruz attempts to rely on United States v. Wren, 
    706 F.3d 861
    , 864 (7th
    Cir. 2013), to suggest § 1B1.10(b)(2)(B) permits the court to grant relief to safety-
    valve defendants. But the Wren Court held that a sentence reduction was authorized
    if a defendant’s initial Guidelines range was higher than the statutory minimum and a
    subsequent Guidelines amendment reduced the bottom of the applicable range below
    the statutory minimum. 
    Id. at 864.2
    Wren is thus inapplicable to Caro-Cruz’s
    sentence.
    III
    For the foregoing reasons, we AFFIRM.
    Entered for the Court
    Carlos F. Lucero
    Circuit Judge
    2
    Moreover, Wren concerns the denial of sentence reduction motions for
    defendants who received downward departures for providing substantial assistance,
    not because they qualified for the safety valve. 
    Id. at 862.
    -4-
    

Document Info

Docket Number: 15-6199

Citation Numbers: 644 F. App'x 811

Filed Date: 3/17/2016

Precedential Status: Non-Precedential

Modified Date: 1/13/2023