
USCA1 Opinion

	




          October 5, 1993                                [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                 ___________________          No. 93-1289                                                UNITED STATES,                                      Appellee,                                          v.                              HERNANDO DUQUE JARAMILLO,                                Defendant, Appellant.                                  __________________                     APPEAL FROM THE UNITED STATES DISTRICT COURT                           FOR THE DISTRICT OF PUERTO RICO                    [Hon. Raymond L. Acosta, U.S. District Judge]                                             ___________________                                 ___________________                                        Before                                Cyr, Boudin and Stahl,                                   Circuit Judges.                                   ______________                                 ___________________               Hernando Duque Jaramillo, on brief pro se.               ________________________               Charles  E. Fitzwilliam,  United  States  Attorney, Jose  A.               _______________________                             ________          Quiles-Espinosa, Senior  Litigation Counsel, and  Warren Vazquez,          _______________                                   ______________          Assistant United States Attorney, on brief for appellee.                                  __________________                                  __________________                      Per  Curiam.    On  January   16,  1990,  appellant                      ___________            Hernando Duque-Jaramillo was sentenced to 60 months in prison            for drug offenses.  At sentencing, Duque-Jaramillo received a            two-level reduction  in base offense level  for acceptance of            responsibility.   Effective  November  1,  1992,  the  United            States Sentencing  Commission amended sentencing  guideline              3E1.1  to permit  an additional  one-level reduction  in base            offense  level  for   persons  eligible  for  the   two-level            reduction for acceptance  of responsibility.  Duque-Jaramillo            sought  to  reduce  his  sentence  pursuant  to  the  amended            guideline,  claiming  that the  amendment  should be  applied            retroactively.    The  district  court  denied  his  request.            Because we have decided that the amendment in question is not            retroactive, see DeSouza v. United  States, 995 F.2d 323, 324                         ___________    ______________            (1st Cir.  1993), we affirm  the district  court's denial  of            Duque-Jaramillo's  request for  a  sentence  reduction  under            amended   3E1.1.                      Affirmed.                      _________                                         -2-
