FILED

NOT FOR PUBLICATION DEC 27 2010

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T O F AP PE ALS

FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 09-55165

Plaintiff-Appellee, D.C. No. 2:92-cr-00749-SVW v.

MEMORANDUM * DWAYNE ALLEN FALCONER,

Defendant - Appellant.

Appeal from the United States District Court

for the Central District of California

Stephen V. Wilson, District Judge, Presiding

Submitted December 14, 2010 ** Before: GOODWIN, WALLACE, and W. FLETCHER, Circuit Judges.

Dwayne Allen Falconer appeals pro se from the district court’s order denying his 18 U.S.C. § 3582(c)(2) motion for a reduced sentence. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

*

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

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

Falconer contends that he is entitled to a reduced sentence in light of the crack-cocaine amendments to the U.S. Sentencing Guidelines. Falconer’s contention fails because he was previously sentenced as a career offender under U.S.S.G. § 4B1.1, and was thus not sentenced “based on a sentencing range that has subsequently been lowered by the Sentencing Commission,” as required by 18 U.S.C. § 3582(c)(2). See United States v. Wesson, 583 F.3d 728, 730-32 (9th Cir. 2009).

AFFIRMED.

2 09-55165