U.S. Court of Appeals for the Ninth Circuit, 2012

United States v. Brian Berkley, Sr.

United States v. Brian Berkley, Sr.
U.S. Court of Appeals for the Ninth Circuit · Decided March 13, 2012 · Fletcher, Reinhardt, Tashima
471 F. App'x 734

United States v. Brian Berkley, Sr.

Opinion

MEMORANDUM **

Brian Darnell Berkley, Sr., appeals pro se from the district court’s order denying his 18 U.S.C. § 3582(c)(2) motion to modify his sentence. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Berkley contends that the district court erred by declining to reduce his sentence based on Guidelines Amendment 599, which addresses the applicability of weapons enhancements for a defendant convicted of violating 18 U.S.C. § 924(c). This contention lacks merit because Amendment 599 went into effect five years before Berkley was sentenced. Therefore his sentence is not “based on a sentencing range that has subsequently been lowered by the Sentencing Commission,” as required by section 3582(c)(2). See United States v. Leniear, 574 F.3d 668, 673 (9th Cir. 2009).

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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