US v. Dario Gomez-Juarez

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:12-cr-00274-D-4. Copies to all parties and the district court. [999615538]. [14-4636]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-4636

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DARIO GOMEZ-JUAREZ, a/k/a Rooster,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Dever III,
Chief District Judge. (5:12-cr-00274-D-4)

Submitted:

June 18, 2015

Decided:

July 7, 2015

Before GREGORY and HARRIS, Circuit Judges, and DAVIS, Senior
Circuit Judge.

Affirmed by unpublished per curiam opinion.

Jenna Turner Blue, BLUE STEPHENS & FELLERS LLP, Raleigh, North
Carolina, for Appellant.
Thomas G. Walker, United States
Attorney, Jennifer P. May-Parker, Kristine L. Fritz, Assistant
United States Attorneys, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Dario Gomez-Juarez pleaded guilty without a plea agreement
to

conspiracy

to

distribute

and

possess

with

intent

to

distribute five kilograms or more of cocaine, 21 U.S.C. § 846
(2012); distribution of cocaine, 21 U.S.C. § 841(a)(1) (2012)
(four

counts);

and

eluding

examination

and

inspection

immigration officers, 8 U.S.C. § 1325(a)(2) (2012).
a

within-Guidelines

sentence

of

180

months’

by

He received
imprisonment.

Gomez-Juarez’s sole argument on appeal is that his case should
be

remanded

to

Amendment

782

amendment

the
to

that

district
the

court

for

Sentencing

reduced

the

resentencing

Guidelines,

base

offense

a

to

apply

retroactive

levels

in

U.S.

Sentencing Guidelines Manual § 2D1.1 (2013) by two levels.

We

affirm.
The

district

court

properly

applied

the

Guidelines

in

effect at the time of sentencing, notwithstanding the pending
Guidelines amendment.

We have previously held that a motion

under 18 U.S.C. § 3582(c)(2) provides the proper procedure for
defendants such as Gomez-Juarez to seek a reduction in their
sentence

based

on

a

retroactive

Guidelines

amendment.

See

United States v. Johnson, 587 F.3d 625, 640 (4th Cir. 2009);
United

States

v.

Brewer,

520

F.3d

(same).

2

367,

373

(4th

Cir.

2008)

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Accordingly, we follow our usual practice and affirm the
judgment

of

the

Juarez’s

right

district
to

pursue

court
relief

without
under

sentencing court in the first instance.
373.

prejudice
§

to

3582(c)(2)

Gomezin

the

See Brewer, 520 F.3d at

We dispense with oral argument because the facts and legal

contentions

are

adequately

presented

in

the

materials

before

this court and argument would not aid the decisional process.

AFFIRMED

3