DECISION AND ORDER Presently before this Court is Defendant Oneil Quinones’s second pro se motion for compassionate release under 18 U.S.C. §3582 (c)(1)(A), which the government opposes. (Docket Nos. 739, 748.) This Court denied Quinones’s first motion on August 6, 2020. See United States v. Quinones, 13-CR-83S (1), 2020 WL 4529365 (W.D.N.Y. Aug. 6, 2020).1 Familiarity with that decision is presumed. For the reasons discussed below, Quinones’s motion is denied. “A court may not modify a term of imprisonment once it has been imposed except pursuant to statute.” United States v. Gotti, 433 F. Supp. 3d 613, 614 (S.D.N.Y. 2020). One such statute is 18 U.S.C. §3582 (c)(1)(A)(i) which, as amended by the First Step Act of 2018,2 provides as follows: The court may not modify a term of imprisonment once it has been imposed except that — in any case — the court, upon motion of the Director of the Bureau of Prisons, or upon motion of the defendant after the defendant has fully exhausted all administrative rights to appeal a failure of the Bureau of Prisons to bring a motion on the defendant’s behalf or the lapse of 30 days from the receipt of such a request by the warden of the defendant’s facility, whichever is earlier, may reduce the term of imprisonment (and may impose a term of probation or supervised release with or without conditions that does not exceed the unserved portion of the original term of imprisonment), after considering the factors set forth in section 3553 (a) to the extent that they are applicable, if it finds that — (i) extraordinary and compelling reasons warrant such a reduction;…and that such a reduction is consistent with applicable policy statements issued by the Sentencing Commission. The defendant carries the burden of showing that he or she is entitled to a sentence reduction under the statute. See United States v. Ebbers, 432 F. Supp. 3d 421, 426-27 (S.D.N.Y. 2020). In Quinones’s first motion for compassionate release, this Court found that he failed to demonstrate extraordinary and compelling reasons for a sentence reduction because although he demonstrated that his medical conditions made him particularly susceptible to severe illness from COVID-19, he failed to show that FCI Elkton’s plan and efforts to combat COVID-19 were inadequate or that FCI Elkton was unable to adequately treat him if he were to fall ill. See Quinones, 2020 WL 4529365, at *4-6. This Court further denied Quinones’s motion on the basis that the §3553 (a) factors and Quinones’s dangerousness counseled against granting relief. See id. at *6-7. In his present motion, Quinones states that he continues to suffer from medical issues, but his principal argument is that errors in his sentencing calculations constitute extraordinary and compelling reasons for a sentence reduction. None of Quinones’s arguments have merit. First, Quinones indicates that he continues to take multiple medications and requires use of a CPAP machine. See Motion for Compassionate Release, Attachment 2, Docket No. 739-2, p. 3. He does not, however, make any argument that his medical conditions constitute an extraordinary and compelling reason for a sentence reduction. A sentence reduction on this basis is therefore denied. Second, Quinones argues that the government cited the wrong base offense level guideline in the plea agreement. See id. p. 6. While Quinones correctly notes that the parties cited U.S.S.G. §§2D1.1 (a)(3) and 2D1.1 (c)(3) in paragraph 7 of the plea agreement, see Docket No. 472, the probation officer applied (and this Court adopted) U.S.S.G. §§2D1.1 (a)(5) and 2D1.1 (c)(3) at the time of sentencing, and Quinones admitted in his plea agreement that at least 10 kilograms of heroin, but less than 30 kilograms of heroin, was the amount involved in his relevant conduct, see Presentence Investigation Report, Docket No. 583, 43; Plea Agreement, Docket No. 472, 5 (c). Quinones does not now challenge that application of the Guidelines, and in any event, he waived his right to appeal this issue and failed to appeal his sentence on this basis.3 See Plea Agreement,
