U.S. Court of Appeals for the Eleventh Circuit, 2016

United States v. Teddy Garcia

United States v. Teddy Garcia
U.S. Court of Appeals for the Eleventh Circuit · Decided April 14, 2016 · Hull, Marcus, Edmondson
648 F. App'x 746

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.

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