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UNITED STATES of America, Plaintiff-Appellee, v. Omar Antonio ANCHICO-MOSQUERA, a.k.a. Willie Willie, Defendant-Appellant

United States Court of Appeals for the Eleventh Circuit2010-05-27No. No. 09-16125
380 F. App'x 903

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Opinion

majority opinion

PER CURIAM:

Omar Antonio Anchico-Mosquera, proceeding pro se, appeals the district court’s denial of his motion to modify his sentence, pursuant to 18 U.S.C. § 3582(c)(2), based on Amendment 709, which clarified the rules for computing a defendant’s criminal history score. Because (1) Amendment 709 does not apply retroactively, and (2) United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005) does not apply to § 3582(c)(2) proceedings, the district court did not err by denying § 3582 relief. Moreover, the doctrine of the law of the case bars this Court from considering, for a second time, Anchico-Mosquera’s challenges to (1) the denial of a sentence reduction under Amendment 706, and (2) alleged deficiencies in the government’s 21 U.S.C. § 851 enhancement notice, which he raised in a prior § 3582 proceeding. Accordingly, we affirm the district court’s decision.

AFFIRMED.