
USCA1 Opinion

	




          September 10, 1993                                [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                 ____________________        No. 93-1292                                LUIS F. MEJIA-GUTIERREZ,                                Plaintiff, Petitioner,                                          v.                                    UNITED STATES,                                     Respondent.                                 ____________________                     APPEAL FROM THE UNITED STATES DISTRICT COURT                           FOR THE DISTRICT OF PUERTO RICO                    [Hon. Jose Antonio Fuste, U.S. District Judge]                                              ___________________                                 ____________________                                        Before                                 Breyer, Chief Judge,                                         ___________                          Selya and Boudin, Circuit Judges.                                            ______________                                 ____________________            Luis F. Mejia-Gutierrez on brief pro se.            _______________________            Charles E. Fitzwilliam, United States Attorney, Edwin O.  Vazquez,            ______________________                          _________________        Assistant United States Attorney,  and Jose A. Quiles-Espinosa, Senior                                               _______________________        Litigation Counsel, on brief for appellee.                                 ____________________                                 ____________________                      Per  Curiam.   On  October  25,  1989, Luis  Mejia-                      ___________            Gutierrez pled  guilty to  one count of  bringing cocaine  on            board  an aircraft  in  violation of  21 U.S.C.     955.   At            sentencing on  January 25,  1990, the district  court granted            Mejia-Gutierrez a two-level reduction  in base offense  level            for  acceptance of  responsibility, and  sentenced him  to 70            months in  prison.   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.   Mejia-Gutierrez            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            Mejia-Gutierrez's  request  for  a sentence  reduction  under            amended   3E1.1.                      Affirmed.                      ________
