United States of America, Plaintiff-appellee, v. Kenneth Lee Beaty, Defendant-appellant, 8 F.3d 30 (9th Cir. 1993)

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U.S. Court of Appeals for the Ninth Circuit - 8 F.3d 30 (9th Cir. 1993)

Submitted Oct. 6, 1993. *Decided Oct. 20, 1993


Before: BEEZER, KOZINSKI and KLEINFELD, Circuit Judges.


MEMORANDUM** 

Kenneth Lee Beaty appeals pro se the district court's denial of his 18 U.S.C. § 3572(c) motion for modification of an imposed term of imprisonment because of a favorable post-sentencing amendment to the United States Sentencing Guidelines. Beaty argues the district court erred by refusing to apply retroactively a November 1, 1992 amendment to U.S.S.G. § 3E1.1 which provided for an additional one-level reduction in a defendant's offense level for particularly timely or complete acceptance of responsibility provided certain conditions were met. Beaty's argument on appeal is foreclosed by our recent decision in United States v. Aldana-Ortiz, No. 91-50664, slip op. 10503, 10506 (9th Cir. Sept. 23, 1993) (per curiam), which held that the November 1, 1992 amendment to section 3E1.1 was not retroactively applicable.

AFFIRMED.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3