U.S. Court of Appeals for the Ninth Circuit, 2010

United States v. Dwight Weems

United States v. Dwight Weems
U.S. Court of Appeals for the Ninth Circuit · Decided September 29, 2010 · Silverman, Callahan, Smith
397 F. App'x 408

United States v. Dwight Weems

Opinion

MEMORANDUM **

Dwight Anthony Weems appeals from the district court’s order denying his 18 U.S.C. § 3582(c)(2) motion for a reduced *409 sentence. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Weems contends that the district court erred by denying his motion for a reduction in his sentence, which was imposed upon revocation of supervised release, because it is part of his original sentence for which the Sentencing Guidelines range has been lowered. Assuming, without deciding, that his notice of appeal is timely, see United States v. Sadler, 480 F.3d 932, 936 (9th Cir. 2007), Weems’ arguments are foreclosed by United States v. Morales, 590 F.3d 1049 (9th Cir. 2010).

AFFIRMED.

**

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

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