United States of America, Plaintiff-appellee, v. Juan Benito Soto-tapia, Defendant-appellant, 2 F.3d 1161 (10th Cir. 1993)

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US Court of Appeals for the Tenth Circuit - 2 F.3d 1161 (10th Cir. 1993)

Sept. 8, 1993

Before TACHA, BALDOCK and KELLY, Circuit Judges.2 


Mr. Soto-Tapia appeals from the district court's denial of his motion for sentence reduction. See 28 U.S.C. 2255; 18 U.S.C. 3582(c) (2). He argues that he is entitled to a one-level reduction for acceptance of responsibilty due to a subsequent amendment of U.S.S.G. 3E1.1. This argument is foreclosed by United States v. Avila, 997 F.2d 767, 768 (10th Cir. 1993).

AFFIRMED. The mandate shall issue forthwith.


After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The cause therefore is ordered submitted without oral argument


This order and judgment has no precedential value and shall not be cited, or used by any court within the Tenth Circuit, except for purposes of establishing the doctrines of the law of the case, res judicata, or collateral estoppel. 10th Cir. R. 36.3