United States v. Julio Coneo-Guerrero

Not For Publication in West's Federal Reporter
Citation Limited Pursuant to 1st Cir. Loc. R. 32.3
United States Court of Appeals
For the First Circuit
No. 03-1563
UNITED STATES,
Appellee,
v.
JULIO CONEO-GUERRERO,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. José Antonio Fusté, U.S. District Judge]
Before
Lynch, Lipez and Howard,
Circuit Judges.
Julio Coneo-Guerrero on brief pro se.
Nelson Perez-Sosa, Assistant United States Attorney, H.S.
Garcia, United States Attorney, and Sonia I. Torres-Pabon,
Assistant United States Attorney, Chief, Criminal Division, on
brief for appellee.
February 3, 2004

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Per Curiam. After carefully considering the briefs and record
on appeal, we affirm the decision below.
The appellant could benefit from a retroactive application of
Amendment 640 only if the amendment were listed as retroactive
under U.S.S.G. § 1B1.10(c), or it served merely to clarify the
existing guideline. United States v. Prezioso, 989 F.2d 52 (1st
Cir. 1993). The amendment satisfies neither condition. It is not
listed under U.S.S.G. § 1B1.10(c), and it substantively changed the
guideline by creating an entirely new cap on offense level. See
United States v. Diaz-Cardenas, 351 F.3d 404 (9th Cir. 2003); United
States v. Garcia, 339 F.3d 116 (2nd Cir. 2003).
Affirmed. Loc. R. 27(c).

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