U.S. Court of Appeals for the Ninth Circuit, 2011

United States v. Lamar Edison, Jr.

United States v. Lamar Edison, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided June 7, 2011 · Pregerson, Thomas, Paez
436 F. App'x 784

United States v. Lamar Edison, Jr.

Opinion

MEMORANDUM **

*785 Lamar Edison, Jr., appeals from the 262-month sentence imposed following the district court’s order granting 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.

Edison contends the district court erred at the section 3582(c)(2) proceeding by treating the policy statement articulated in U.S.S.G. § lB1.10(b) as binding, even though its promulgation and implementation violated the Separation of Powers doctrine and Administrative Procedure Act. This contention is foreclosed by United States v. Fox, 631 F.3d 1128, 1131-33 (9th Cir. 2011).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provid *785 ed by 9th Cir. R. 36-3.

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