United States v. Tony Granado , 670 F. App'x 43 ( 2016 )

CLD-039 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 16-3550
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UNITED STATES OF AMERICA
v.
TONY GRANADO,
Appellant
____________________________________
On Appeal from the United States District Court
for the Eastern District of Pennsylvania
(D.C. Criminal No. 2:09-cr-00471-006)
District Judge: Honorable Paul S. Diamond
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Submitted for Possible Summary Action
Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6
November 10, 2016
Before: FISHER, SHWARTZ and BARRY, Circuit Judges
(Opinion filed: November 18, 2016)
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OPINION*
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PER CURIAM
Tony Granado is serving a 30-year sentence, imposed after he was convicted of
various federal drug crimes. In August 2016, Granado filed a motion under 18 U.S.C.
*
This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
constitute binding precedent.
§ 3582(c)(2) to reduce his sentence based on Amendment 782 to the Guidelines (made
retroactive by Amendment 788), which lightened penalties for many drug crimes by
altering offense levels on the U.S.S.G. § 2D1.1 Drug Quantity Table. In particular, the
amendment raised the amount of cocaine necessary to qualify for a base offense level of
38 from 150 kilograms to 450 kilograms. See U.S.S.G. § 1B1.10(d) & Supp. to App. C,
amends. 782, 788 (2014). Amendment 782 thus did not lower the offense level for
defendants, like Granado, found responsible for 450-plus kilograms of cocaine. See, e.g.,
United States v. Brown, 836 F.3d 827 (7th Cir. 2016).1 Accordingly, the District Court
denied relief, determining that its prior drug-quantity finding rendered Granado’s base
offense level of 38 unaffected by Amendment 782. Granado timely appealed.2 We agree
with the District Court’s assessment, and will summarily affirm because the appeal
presents no substantial question. See 3d Cir. L.A.R. 27.4; I.O.P. 10.6.
1
In anticipation of sentencing, the U.S. Probation Office prepared a PSR finding that
Granado was responsible for over 1,500 kilograms of cocaine. The District Court
accepted that finding, which resulted in a base offense level of 38. Three levels were
added for Granado’s role in the criminal conduct. An offense level of 41 coupled with
Granado’s Category III criminal history produced a sentencing range of 30 years to life.
2
Granado’s motion for a certificate of appealability is denied as unnecessary. See United
States v. Taylor, 627 F.3d 674, 676 (7th Cir. 2010). We have jurisdiction under 28
U.S.C. § 1291. The District Court’s interpretation of the Guidelines is reviewed de novo;
denial of relief under § 3582(c)(2) is otherwise reviewed for abuse of discretion. United
States v. Mateo, 560 F.3d 152, 154 (3d Cir. 2009).
2