United States v. Terry Bray

U.S. Court of Appeals for the Ninth Circuit
United States v. Terry Bray, 503 F. App'x 519 (9th Cir. 2012)
Goodwin, Wallace, Fisher

United States v. Terry Bray

Opinion

MEMORANDUM **

Terry Bray appeals pro se from the district court’s order denying his motion for a sentence reduction under 18 U.S.C. § 3582(c)(2). We have jurisdiction under 28 U.S.C. § 1291. We review de novo whether a district court has jurisdiction to modify a sentence under section 3582. See United States v. Wesson, 583 F.3d 728, 730 (9th Cir. 2009). We affirm.

Bray contends that he is eligible for a sentence reduction under Amendment 750, which amended the drug quantity table in U.S.S.G. § 2D 1.1 for offenses involving crack cocaine. However, Bray was sentenced as a career offender pursuant to U.S.S.G. § 4B1.1. Therefore, his sentence was not based on a Guidelines range that has been lowered, and the district court lacked jurisdiction to modify his sentence. See 18 U.S.C. § 3582(c)(2); Wesson, 583 F.3d at 731-32.

AFFIRMED.

**

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

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Terry BRAY, Defendant-Appellant
Status
Unpublished