U.S. Court of Appeals for the Ninth Circuit, 2017

United States v. Louis Romero

United States v. Louis Romero
U.S. Court of Appeals for the Ninth Circuit · Decided January 25, 2017 · Trott, Tashima, Callahan
675 F. App'x 777

United States v. Louis Romero

Opinion

MEMORANDUM **

Louis James Romero 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.

Romero contends that he is entitled to a sentence reduction under Amendment 782 to the Sentencing Guidelines. We review de novo whether a district 'court has authority to modify a sentence under section 3582(c)(2). See United States v. Wesson, 583 F.3d 728, 730 (9th Cir. 2009). Because Romero was sentenced as a career offender under U.S.S.G. § 4B1.1, the district court correctly determined that he is not eligible for a sentence reduction. See id.

Contrary to Romero’s argument, the district court adequately explained its determination and it had no cause to consider the 18 U.S.C. § 3553(a) sentencing factors. See Dillon v. United States, 560 U.S. 817, 827, 130 S.Ct. 2683, 177 L.Ed.2d 271 (2010) (only if defendant is eligible for a sentence reduction does the district court proceed to the step of considering the section 3553(a) sentencing factors). Romero’s arguments that he should not have been sentenced as a career offender and that the district court violated double jeopardy when it enhanced his sentence based on a prior conviction are not cognizable in section 3582(c)(2) proceedings. See Dillon, 560 U.S. at 831, 130 S.Ct. 2683.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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