C, Amendment 459. Petitioner had pled guilty to a charge of narcotics conspiracy on June 27, 1990, and had received the benefit of a 2 level reduction for acceptance of responsibility at his sentencing on February 28, 1991.
A Sentencing Commission policy statement, at section 1B1.10, governs the retroactive application of amendments to the Sentencing Guidelines. See U.S.S.G. § 1B1.10, p.s. The amendment at issue here, Amendment 459, is not one of the eleven amendments listed in section 1B1.10 which are to be applied retroactively. See U.S.S.G. § 1B1.10(d), p.s. Since 18 U.S.C. § 3582(c)(2) expressly permits reduction of sentences only where consistent with policy statements issued by the Sentencing Commission, and section 1B1.10 expressly states that retroactive application of an amendment to the Sentencing Guidelines not listed in section 1B1.10 is not consistent with that policy statement, see U.S.S.G. § 1B1.10(a), p.s., the Court is constrained to deny the instant motion. See United States v. Rodriguez, 989 F.2d 583, 586-87 (2d Cir. 1993); accord United States v. Caceda, 990 F.2d 707, 710 (2d Cir. 1993).
For the reasons stated above, petitioner's motion for a reduction of his offense level is denied. The Clerk of Court is directed to close the above-captioned action.
It is SO ORDERED.
Dated: New York, New York
August 24, 1993
John E. Sprizzo
United States District Judge