United States v. Kevin Doucette

U.S. Court of Appeals for the Ninth Circuit
United States v. Kevin Doucette, 544 F. App'x 746 (9th Cir. 2013)

United States v. Kevin Doucette

Opinion

MEMORANDUM *

Kevin Doucette appeals the district court’s order denying his motion for reduction of sentence under 18 U.S.C. § 3582(c)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo whether a district court may modify an otherwise final sentence under § 3582. United States v. Wesson, 583 F.3d 728, 730 (9th Cir. 2009). We affirm.

Section 3582(c)(2) allows modification of a term of imprisonment when: (1) the sentence is based on a sentencing range that has subsequently been lowered by the Sentencing Commission; and (2) such reduction is consistent with applicable policy statements issued by the Sentencing Commission. Id. Doucette argues that he is eligible for a sentence reduction under Amendment 750, which made permanent earlier modifications to the drug quantity table in United States Sentencing Guideline (“U.S.S.G.”) § 2D1.1 for offenses involving crack cocaine. But Doucette was sentenced as a career offender pursuant to U.S.S.G. § 4B1.1. Therefore, his sentence was not based on a Guideline range that has been lowered, and was ineligible for modification under § 3582. See 18 U.S.C. § 3582(c)(2); Wesson, 583 F.3d at 731-32.

Because Doucette cannot satisfy the first requirement for a sentence modification under § 3582(c)(2), we need not con *747 sider Doucette’s ex post facto challenge to U.S.S.G. § 1B1.10 — the Guideline that sets out the policy statements relevant to the second requirement for a sentence modification under § 3582(c)(2).

AFFIRMED.

*

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

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Kevin DOUCETTE, Defendant-Appellant
Cited By
1 case
Status
Unpublished