# United States Court of Appeals

For the Seventh Circuit Chicago, Illinois 60604

Submitted June 22 , 201 8 *

Decided June 2 5 , 201 8

Before

FRANK H. EASTERBROOK

, Circuit Judge

AMY C. BARRETT

, Circuit Judge

MICHAEL B. BRENNAN

, Circuit Judge

No. 18

- 1446

UNITED STATES OF AMERICA

, Plaintiff

- Appell ee ,

v

.

HAGOP DEMIRJIAN

, Defendant

- Appell ant

. Appeal from the United States

District Court for the Northern District of Illinois, Eastern Division

.

No. 97 CR 789

- 3

Manish S. Shah

, Judge

.

O R D E R

Hagop Demirjian appeals the denial of his second motion for a lower prison

sentence based on a retroactive amendment to the Sentencing Guidelines

. T he district court properly denied his successive motion, however, so we affirm the judgment.

In 1999

, a federal jury convicted Demirjian of consp ir ing to distribute cocaine,

see 21 U.S.C. § § 846 , 841(a) (1) , and possessing cocaine with intent to distribute it,

see id. § 841(a)(1)

. The district court found Demirjian responsible fo r 600 kilograms of

* We have agreed to decide th is case without oral argument because the appeal is
frivolous. See F ED

. R. A PP

. P. 34(a)(2)(A)

. NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1No. 18

- 1446 Page 2

cocaine, resulting in a base offense level of 38. See U.S.S.G. § 2D1.1(c)(1) (1998). T he

court calculated his Guidelines range as 360 months to life and sentenced him to
360 months in prison

. Demirjian then unsuccessfully pursued a direct appeal and
three collateral attack s

.

In 2014

, Demirjian moved for a sentence reduction under 18 U.S.C. § 3582(c)(2), which authorizes the district court to reduce an imprisonment term when the
United States Sentencing Commission lowers the base offense level for a particular
offense

. Hughes v. United States

, __ S. Ct. __, No. 17

- 155, 2018 WL 24651 87 , at * 5 (June 4, 2018). He relied on Amendment 782, a retroactive amendment to the Guidelines that lowered the base offense level for most drug crimes

. See U.S.S.G. Supp. to App

. C, Amend. 782 (2014). But Judge Zagel, the assigned judge at the time

, concluded that the

amen dment did not alte r Demirjian’s base offense level

— he was responsible for

600 kilograms of cocaine, still well above the increased threshold of 450 kilograms to

earn a b a se offense level of 38

, see id. In turn

, h is sentencing range remained

360 months to l ife

, so he was ineligible for a sentence reduction

. W e dismissed Demirjian’s appeal from that decision as untimely

. United States v. Demirjian

, No. 16

- 1646 (7th Cir. dismissed June 7, 2016) . He then asked the district court to
reconsider its decision

. Judge Shah , to whom the case was reassigned after Judge Zagel
took senior status , de nied the motion

.

Undeterred, Demirjian filed a second § 3582(c) (2) motion, which is the subject o f this appeal. In it

, he argued for the first time that he should have rec eived the same
sentence reduction that a co defendant received. Judge Shah denied the motion, explaining that only one motion per retroactive Guidelines amendment is permitted.

O n appeal

, Demirjian argues that no jurisdictional limit exists on a district court’s ability to consider a successive § 3582(c)(2) motion. Although he is correct,

s ee United States v. Taylor , 778 F.3d 667, 669

– 70 (7th Cir. 2015), he misunderstands the
district court’s ruling in his case

. Without invoking “jurisdictio n , ” t he court properly concluded that Demirjian already had used his one chance to pursue a sentence
reduction under Amendment 782

. See United States v. Beard , 745 F.3d 288, 292 (7th Cir. 2014); United States v. Redd , 630 F.3d 649, 651 (7th Cir. 2011).

A FFIRMED