United States v. Emert Flowers

U.S. Court of Appeals for the Ninth Circuit
United States v. Emert Flowers, 359 F. App'x 742 (9th Cir. 2009)

United States v. Emert Flowers

Opinion

MEMORANDUM *

Emert Reginald Flowers appeals from the district court’s order denying his motion to reduce sentence under 18 U.S.C. § 3582(c). We have jurisdiction under 28 U.S.C. § 1291. We review de novo, United States v. Leniear, 574 F.3d 668, 672 (9th Cir. 2009), and affirm.

The district court did not err by concluding that it lacked jurisdiction under 18 U.S.C. § 3582(c)(2) to modify Flowers’ sentence. Flowers would have been subject to the same sentencing range had Amendment 706 been in place at the time he was sentenced. See U.S.S.G. § 4B1.1 (2001) (providing that the career offender base offense level applies where it is greater than the applicable base offense level under § 2D1.1). Accordingly, Flowers’ “sentence is not ‘based on a sentencing range that has subsequently been lowered by the Sentencing Commission,’ as required by § 3582(c)(2).” Leniear, 574 F.3d at 673 (quoting 18 U.S.C. § 3582(c)(2)).

AFFIRMED.

*

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Emert Reginald FLOWERS, Defendant-Appellant
Cited By
1 case
Status
Unpublished