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Case: 15-13284
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Case: 15-13284
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Case: 15-13284
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Case: 15-13284
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1291, 1316 (11th Cir. 2009). Guided departures, which are departures specifically
provided for in the Sentencing Guidelines, also permit a district court to impose a
sentence outside of the advisory guideline range. United States v. Gibson, 434
F.3d 1234, 1252 (11th Cir. 2006).
Here, the district court did not err in denying Escobars 3582(c)(2) motion.
Escobar was ineligible for a sentence reduction because Amendment 782 would
only reduce his guideline range to 168 to 210 months, and he originally received a
168-month sentence and was not sentenced below the applicable guideline range
pursuant to a substantial assistance motion. See U.S.S.G. 1B1.10(b)(2)(A)-(B);
Colon, 707 F.3d at 1259. To calculate the amended guideline range, Amendment
782 is substituted for the 2010 version of U.S.S.G. 2D1.1, reducing the base
offense level from 34 to 32. See U.S.S.G. App. C, Amend. 782 (2014); see also
Bravo, 203 F.3d at 780; U.S.S.G. 1B1.10(b)(1). Applying the same
enhancements and reductions that were applied at the original sentencing
hearinga two-level enhancement because a dangerous weapon was possessed, a
three-level role enhancement, and a three-level reduction for acceptance of
responsibilityproduces a new total offense level of 34. See Bravo, 203 F.3d at
780; U.S.S.G. 1B1.10(b)(1). Thus, based on a new total offense level of 34 and a
criminal history category of II, Escobars amended guideline range is 168 to 210
months.
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Case: 15-13284
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Escobars motion to file his reply brief out of time is GRANTED, though it does not
change this appeals disposition.
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