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  • United States v. Juan Benito Soto-Tapia, 2 F.3d 1161, 10th Cir. (1993)

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    The defendant appealed the district court's denial of his motion for a sentence reduction based on a subsequent amendment to the sentencing guidelines. The appeals court affirmed the district court's ruling in a 3-sentence order, determining that oral arguments would not aid the decision. The appeals court ruled the defendant was not entitled to a sentence reduction under the amended guidelines based on a prior 10th Circuit decision.

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    Filed: 1993-09-08 Precedential Status: Precedential Citations: 2 F.3d 1161 Docket: 93-2153

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    The defendant appealed the district court's denial of his motion for a sentence reduction based on a subsequent amendment to the sentencing guidelines. The appeals court affirmed the district court's ruling in a 3-sentence order, determining that oral arguments would not aid the decision. The appeals court ruled the defendant was not entitled to a sentence reduction under the amended guidelines based on a prior 10th Circuit decision.

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    United States v. Juan Benito Soto-Tapia, 2 F.3d 1161, 10th Cir. (1993)

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    The defendant appealed the district court's denial of his motion for a sentence reduction based on a subsequent amendment to the sentencing guidelines. The appeals court affirmed the district court's ruling in a 3-sentence order, determining that oral arguments would not aid the decision. The appeals court ruled the defendant was not entitled to a sentence reduction under the amended guidelines based on a prior 10th Circuit decision.

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    of 2

    2 F.

    3d 1161
    NOTICE: Although citation of unpublished opinions remains unfavored,
    unpublished opinions may now be cited if the opinion has persuasive value on a
    material issue, and a copy is attached to the citing document or, if cited in oral
    argument, copies are furnished to the Court and all parties. See General Order of
    November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or
    further order.

    UNITED STATES of America, Plaintiff-Appellee,


    v.
    Juan Benito SOTO-TAPIA, Defendant-Appellant.
    No. 93-2153.

    United States Court of Appeals, Tenth Circuit.


    Sept. 8, 1993.

    Before TACHA, BALDOCK and KELLY, Circuit Judges.2

    ORDER AND JUDGMENT1


    1

    Mr. Soto-Tapia appeals from the district court's denial of his motion for
    sentence reduction. See 28 U.S.C. 2255; 18 U.S.C. 3582(c)(2). He argues that
    he is entitled to a one-level reduction for acceptance of responsibilty due to a
    subsequent amendment of U.S.S.G. 3E1.1. This argument is foreclosed by
    United States v. Avila, 997 F.2d 767, 768 (10th Cir.1993).

    AFFIRMED. The mandate shall issue forthwith.

    After examining the briefs and appellate record, this panel has determined
    unanimously that oral argument would not materially assist the determination
    of this appeal. See Fed. R.App. P. 34(a); 10th Cir. R. 34.1.9. The cause
    therefore is ordered submitted without oral argument

    This order and judgment has no precedential value and shall not be cited, or
    used by any court within the Tenth Circuit, except for purposes of establishing

    the doctrines of the law of the case, res judicata, or collateral estoppel. 10th Cir.
    R. 36.3

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