United States v. Vanessa Bishop

U.S. Court of Appeals for the Ninth Circuit
United States v. Vanessa Bishop, 677 F. App'x 409 (9th Cir. 2017)

United States v. Vanessa Bishop

Opinion

MEMORANDUM **

Vanessa Maria Bishop appeals from the district court’s order denying her motion for a sentence reduction under 18 U.S.C. § 8582(c)(2). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Bishop contends that she is entitled to a sentence reduction under Amendment 782 to the Sentencing Guidelines. Contrary to Bishop’s contention, the district court properly calculated her amended Guidelines range without considering the four-level fast-track departure that the court granted at her original sentencing. See U.S.S.G. § 1B1.10 cmt. n.1(A); United States v. Ornelas, 825 F.3d 548, 555 (9th Cir. 2016). Because Bishop received a 70-month sentence, which is below the amended Guidelines range, the district court properly denied her motion for a sentence reduction. See U.S.S.G. § 1B1.10(b)(2)(A) (“[T]he court shah not reduce the defendant’s term of imprisonment under 18 U.S.C. § 8582(c)(2) and this policy statement to a term that is less than the minimum of the amended guideline range.’’).

AFFIRMED.

**

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

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Vanessa Maria BISHOP, Defendant-Appellant
Status
Unpublished