United States v. Jack Vose
Opinion
MEMORANDUM **
Jack Martin Vose 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, and we affirm.
Vose contends that he is entitled to a sentence reduction under Amendment 782 to the Sentencing Guidelines. We review de novo whether a district court had authority to modify a sentence under section 3582(c)(2). See United States v. Paulk, 569 F.3d 1094, 1095 (9th Cir. 2009) (per curiam). Vose is not entitled to a sentence reduction because his sentence was not “based on a sentencing range that has subsequently been lowered by the Sentencing Commission.” 18 U.S.C. § 3582(c)(2). Rather, his sentence was based on the statutory mandatory minimum under 21 U.S.C. § 841(b)(l)(B)(vii). The district court properly denied relief. 1 See Paulk, 569 F.3d at 1095-96.
Vose’s additional claims do not support relief under section 3582(c)(2). See Dillon v. United States, 560 U.S. 817, 826, 130 S.Ct. 2683, 177 L.Ed.2d 271 (2010) (section 3582(c) does not permit a “plenary resen-tencing hearing”).
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
. Vose’s contention that he was not subject to the enhanced mandatory minimum because the judgment does not cite 21 U.S.C. § 851(a) is unavailing. The mandatory minimum is set forth in 21 U.S.C. § 841(b)(l)(B)(vii).
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Jack Martin VOSE, Defendant-Appellant
- Status
- Unpublished