United States v. Gerardo Miranda-Mendoza
Opinion
MEMORANDUM **
Gerardo Mirandar-Mendoza appeals pro se from the district court’s order denying his motion for sentence reduction under 18 U.S.C. § 3582(c)(2). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Miranda-Mendoza contends that the district court erred by denying him a sentence reduction under Amendments 782 and 788 to the Sentencing Guidelines. We review de novo whether a defendant is eligible for a sentence reduction. See United States v. Paulk, 569 F.3d 1094, 1095 (9th Cir. 2009). Contrary to Miranda-Mendoza’s contention, his 120-month sentence was not based on the Guidelines; rather, it was the lowest sentence that the court could impose by statute. See 21 U.S.C, § 841(b)(1)(B)(viii). Because Miranda-Mendoza was sentenced based on the statutory mandatory minimum, the district court correctly concluded that he was ineligible for a sentence reduction. See U.S.S.G. § 1B1.10 cmt. n. 1(A); Paulk, 569 F.3d at 1095-96.
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. Gerardo MIRANDA-MENDOZA, A.k,a. Rafael Ibanez-Naranjo, Defendant-Appellant
- Status
- Unpublished