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

United States v. Abraham Gutierrez

United States v. Abraham Gutierrez
U.S. Court of Appeals for the Ninth Circuit · Decided January 26, 2010 · Beezer, Trott, Bybee
363 F. App'x 500

United States v. Abraham Gutierrez

Opinion

MEMORANDUM **

Abraham Ferrel Gutierrez appeals from the district court’s order denying his 18 U.S.C. § 3582(c)(2) motion for reduction of sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Gutierrez contends that the district court erred when it denied his motion for a sentence reduction, pursuant to 18 U.S.C. § 3582(c)(2). The district court correctly determined that it did not have the authority to reduce Gutierrez’s sentence because Amendment 706 did not affect the applicable sentencing range. See 18 U.S.C. *501 § 3582(c); see also United States v. Leniear, 574 F.3d 668, 674 (9th Cir. 2009). We reject Gutierrez’s contention that application of § 3582(c)(2) to the drug quantity in his case renders his Guidelines’ range mandatory.

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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