USA v. Alfredo Medina

Filing

UNPUBLISHED OPINION FILED. [16-10483 Affirmed ] Judge: CDK , Judge: JLD , Judge: GJC. Mandate pull date is 02/01/2017 [16-10483]

Case: 16-10483

Document: 00513830667

Page: 1

Date Filed: 01/11/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-10483
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
January 11, 2017

UNITED STATES OF AMERICA,
Plaintiff-Appellee

Lyle W. Cayce
Clerk

v.
ALFREDO MEDINA,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:09-CR-133-1
Before KING, DENNIS, and COSTA, Circuit Judges.
PER CURIAM: *
Alfredo Medina appeals the district court’s denial of his 18 U.S.C.
§ 3582(c)(2) motion to reduce the 480-month sentence imposed on his
conviction for distributing more than 500 grams of methamphetamine. Medina
contends that he is entitled to a two-level reduction in his offense level based
on Amendment 782 to U.S.S.G. § 2D1.1 and that the district court denied his

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
*

Case: 16-10483

Document: 00513830667

Page: 2

Date Filed: 01/11/2017

No. 16-10483
motion without considering the sentencing factors enumerated in 18 U.S.C. §
3553(a).
Under § 3582(c)(2), a sentence may be modified if the defendant’s term
of imprisonment was based on a sentencing range later lowered by the
Sentencing Commission and made retroactively available.

U.S.S.G.

§ 1B1.10(a); Dillon v. United States, 560 U.S. 817, 825-26 (2010).

When

considering a § 3582(c)(2) motion, the district court is to conduct a two-step
analysis. Dillon, 560 U.S. at 826. The court must first determine whether the
defendant is eligible for a reduction under § 1B1.10. Id. at 827. If he is, the
district court must then “consider any applicable § 3553(a) factors and
determine whether, in its discretion,” a reduction is warranted.
Our analysis ends with the first step. Medina was held accountable for
162.84 kilograms of methamphetamine. At the time of his sentencing, the base
offense level was 38 for an offense involving 15 kilograms or more of
methamphetamine.

U.S.S.G. § 2D1.1(c)(1) (Nov. 2009).

Amendment 782

provides a base offense level of 38 for an offense involving 45 kilograms or more
of methamphetamine. So the 162.84 kilograms of methamphetamine for which
Medina was responsible still results in a base offense level of 38. See U.S.S.G.
app. C., amend. 782; § 2D1.1(c)(1) (Nov. 2014). Because Medina’s sentencing
range was not reduced as a result of Amendment 782, the district court lacked
authority to modify the term of imprisonment. See § 3582(c)(2); Dillon, 560
U.S. at 819.
AFFIRMED.

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