U.S. Court of Appeals for the Ninth Circuit, 2016

United States v. Khang Kien Tran

United States v. Khang Kien Tran
U.S. Court of Appeals for the Ninth Circuit · Decided April 29, 2016 · McKeown, Wardlaw, Paez
649 F. App'x 467

United States v. Khang Kien Tran

Opinion

MEMORANDUM **

Khang Kien Tran 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 authority to modify a sentence under section 3582(c)(2), see United States v. Leniear, 574 F.3d 668, 672 (9th Cir. 2009), and we affirm.

Tran contends that he is entitled to a sentence reduction under Amendment 782 to the Sentencing Guidelines. The district court properly concluded that Tran is ineligible for a sentence reduction because Amendment 782 has not lowered his applicable sentencing range. See 18 U.S.C. § 3582(c)(2); Leniear, 574 F.3d at 673-74. To the extent that Tran seeks to challenge the sentencing court’s original calculation of his Guidelines range, this claim is not cognizable in a section 3582 proceeding. 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 resentencing proceeding”).

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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