United States v. Alexis Terrefort-Quidgley

Not for Publication in West's Federal Reporter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. 04-2085
UNITED STATES,
Appellee,
v.
ALEXIS TERREFORT-QUIDGLEY,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Juan M. Pérez-Giménez, U.S. District Judge]
Before
Selya, Lynch and Lipez,
Circuit Judges.
Alexis Terreforte-Quidgley on brief pro se.
H.S. Garcia, United States Attorney, and Nelson Perez-Sosa,
Assistant U.S. Attorney, on brief for appellee.
March 11, 2005

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Per Curiam. Alexis Terreforte Quidgley appeals the district
court's denial of his motion to reduce his sentence, pursuant to 18
U.S.C. § 3582(c)(2), based on Amendment 599 to the United States
Sentencing Guidelines. See U.S.S.G. Supp. App. C, amend. 599
(2002) (amending U.S.S.G. § 2K2.4). We agree with the district
court's determination that Amendment 599 does not apply to
appellant's sentence. Appellant's additional arguments, which
appear to be based on U.S.S.G. § 3C1.2 and the Supreme Court's
recent decision in Blakely v. Washington, __ U.S. __, 124 S.Ct.
2531 (2004), were not presented to the district court and are
therefore not properly before us. See United States v. Martinez-
Martinez, 69 F.3d 1215, 1219 (1st Cir. 1995). In any event, we
note that appellant did not receive a § 3C1.2 sentencing
enhancement.
Accordingly, we affirm the district court's denial of the
motion for reduction of sentence. However, in accordance with the
government's request, we remand the case for the limited purpose of
allowing the government to seek dismissal of the charge brought
under 18 U.S.C. § 2113(e), as contemplated in the plea agreement.
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