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

United States v. Fernando Sanchez-Almaraz

United States v. Fernando Sanchez-Almaraz
U.S. Court of Appeals for the Fourth Circuit · Decided August 23, 2016 · Shedd, Wynn, Davis
668 F. App'x 71

United States v. Fernando Sanchez-Almaraz

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Fernando Sanchez-Almaraz (Sanchez) appeals the district court’s order denying his 18 U.S.C. § 3582(c)(2) (2012) motion, in which he sought a reduction of his sentence based on Amendment 782 of the U.S. Sentencing Guidelines. We affirm.

Sanchez was held accountable at sentencing for a quantity of marijuana and cocaine with a marijuana equivalency of 360,063.95 kilograms, resulting in base offense level 38. See U.S. Sentencing Guidelines Manual § 2D1.1(c)(1) (2006). Under Amendment 782, the base offense level for that quantity of marijuana remains unchanged. See USSG § 2Dl.l(e)(l) (2015). Accordingly, because Amendment 782 did not lower the applicable sentencing range, we conclude that the district court did not abuse its discretion in denying Sanchez’s motion. See United States v. Mann, 709 F.3d 301, 304 (4th Cir. 2013) (stating standard of review). We therefore affirm.

We dispense with oral argument because the facts and legal arguments are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED

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