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

United States v. Terry Bray

United States v. Terry Bray
U.S. Court of Appeals for the Ninth Circuit · Decided December 31, 2012 · Goodwin, Wallace, Fisher
503 F. App'x 519

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.

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