OpenJurist

107 F3d 4 United States v. Cardona Betancur-Estrada

107 F.3d 4

UNITED STATES of America, Appellee,
v.
Pedro CARDONA, aka Memo, and Anibal Jesus Arango-Monsalde,
aka Ivan, Defendants,
Alvaro BETANCUR-ESTRADA, Defendant-Appellant.

No. 96-1242.

United States Court of Appeals, Second Circuit.

Feb. 12, 1997.

NOTICE: THIS SUMMARY ORDER MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY, BUT MAY BE CALLED TO THE ATTENTION OF THE COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPEL OR RES JUDICATA. SEE SECOND CIRCUIT RULE 0.23.

Appearing for Appellant: Alvaro Betancur-Estrada, pro se, Butner, North Carolina.

Appearing for Appellee: Patrick J. Smith, Assistant United States Attorney for the Southern District of New York, New York, New York.

Before OAKES, WINTER and CABRANES, Circuit Judges.

1

Alvaro Betancur-Estrada, pro se and incarcerated, appeals from Judge Cedarbaum's denial of his motion for a reduction in sentence. Betancur-Estrada claims that he is entitled to a two-level decrease in his offense level, pursuant to Amendment 515 to the United States Sentencing Guidelines § 2D1.1(b) and Guidelines § 5C1.2, which took effect on November 1, 1995--after Betancur-Estrada was sentenced for a drug offense in April 1995. The Sentencing Commission has authorized a retroactive reduction in imprisonment as a result of subsequent lowering of the guideline range only where the reduction results from one of the amendments listed in Section 1B1.10(c). 18 U.S.C. § 3582(c)(2). Amendment 515 is not among the sections listed and thus has no retroactive application.

2

We therefore affirm.