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    United States v. Nelson Zapata-Vicente, 4th Cir. (2016)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of Nelson Rafael Zapata-Vicente's motion to reduce his sentence. Zapata-Vicente argued he was entitled to a reduction under 18 U.S.C. 3582(c)(2) due to Amendment 782, which reduced drug quantity thresholds. However, the appellate court found that while the district court made a minor factual error, it correctly concluded Zapata-Vicente's guideline range remained unchanged because he was responsible for over 450 kilograms of cocaine, above the threshold. Therefore, the denial of relief was affirmed.

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    United States v. Nelson Zapata-Vicente, 4th Cir. (2016)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of Nelson Rafael Zapata-Vicente's motion to reduce his sentence. Zapata-Vicente argued he was entitled to a reduction under 18 U.S.C. 3582(c)(2) due to Amendment 782, which reduced drug quantity thresholds. However, the appellate court found that while the district court made a minor factual error, it correctly concluded Zapata-Vicente's guideline range remained unchanged because he was responsible for over 450 kilograms of cocaine, above the threshold. Therefore, the denial of relief was affirmed.

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    Filed: 2016-06-29 Precedential Status: Non-Precedential Docket: 16-6439

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of Nelson Rafael Zapata-Vicente's motion to reduce his sentence. Zapata-Vicente argued he was entitled to a reduction under 18 U.S.C. 3582(c)(2) due to Amendment 782, which reduced drug quantity thresholds. However, the appellate court found that while the district court made a minor factual error, it correctly concluded Zapata-Vicente's guideline range remained unchanged because he was responsible for over 450 kilograms of cocaine, above the threshold. Therefore, the denial of relief was affirmed.

    Copyright:

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    65 views2 pages

    United States v. Nelson Zapata-Vicente, 4th Cir. (2016)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of Nelson Rafael Zapata-Vicente's motion to reduce his sentence. Zapata-Vicente argued he was entitled to a reduction under 18 U.S.C. 3582(c)(2) due to Amendment 782, which reduced drug quantity thresholds. However, the appellate court found that while the district court made a minor factual error, it correctly concluded Zapata-Vicente's guideline range remained unchanged because he was responsible for over 450 kilograms of cocaine, above the threshold. Therefore, the denial of relief was affirmed.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 16-6439

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    NELSON RAFAEL ZAPATA-VICENTE,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Richmond.
    James R. Spencer, Senior
    District Judge. (3:01-cr-00061-JRS-1)

    Submitted:

    June 23, 2016

    Decided:

    June 29, 2016

    Before MOTZ, KING, and WYNN, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Nelson Rafael Zapata-Vicente, Appellant Pro


    Mastandrea-Miller, Robert E. Trono, Assistant
    Attorneys, Richmond, Virginia, for Appellee.

    Se.
    United

    Angela
    States

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Nelson Rafael Zapata-Vicente appeals the district courts
    order denying his 18 U.S.C. 3582(c)(2) (2012) motion for a
    sentence reduction.
    reversible error.

    We have reviewed the record and find no

    Accordingly, we affirm substantially * for the

    reasons stated by the district court.

    United States v. Zapata-

    Vicente, No. 3:01-cr-00061-JRS-1 (E.D. Va. Jan. 12, 2016).

    We

    dispense with oral argument because the facts and legal contentions
    are adequately presented in the materials before this court and
    argument would not aid the decisional process.

    AFFIRMED

    Although the district court mistakenly stated that ZapataVicente was held responsible for more than 450 kilograms of cocaine
    base, the record reveals that he was responsible for more than 450
    kilograms of cocaine.
    Because the district court correctly
    concluded that Zapata-Vicentes Guidelines range remains unchanged
    under Amendment 782, we affirm the denial of relief.
    2

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