United States v. Teddy Garcia

U.S. Court of Appeals for the Eleventh Circuit
United States v. Teddy Garcia, 648 F. App'x 746 (11th Cir. 2016)

United States v. Teddy Garcia

Opinion

PER CURIAM:

Teddy Garcia appeals the district court’s denial of his motion to reduce his sentence, pursuant to 18 U.S.C. § 3582(c)(2). He says that the district court abused its discretion by not considering the 18 U.S.C. § 3553(a) factors and by classifying him as a career offender. Garcia was not eligible for a sentence reduction, because he was sentenced as a career offender. So the district court did not have the authority to consider the § 3553(a) factors. Furthermore, a § 3582(c)(2) motion cannot be used to challenge his status as a career offender. See Dillon v. United States, 560 U.S. 817, 130 S.Ct. 2683, 177 L.Ed.2d 271 (2010).

AFFIRMED.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Teddy GARCIA, Defendant-Appellant
Status
Unpublished