FILED

NOT FOR PUBLICATION MAR 14 2017

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 16-10263

Plaintiff-Appellee, D.C. No. 4:11-cr-03402-DCB v. JACOB VINCENT GREEN-BRESSLER, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court

for the District of Arizona

David C. Bury, District Judge, Presiding

Submitted March 8, 2017** Before: LEAVY, W. FLETCHER, and OWENS, Circuit Judges.

Jacob Vincent Green-Bressler appeals 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.

*

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

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

Green-Bressler contends that the district court abused its discretion by denying his motion for a sentence reduction under Amendment 782 to the Sentencing Guidelines. The district court acted within its discretion when it denied Green-Bressler a sentence reduction based on his criminal history and his role in the offense. See U.S.S.G. § 1B1.10 cmt. n.1(B); United States v. Dunn, 728 F.3d 1151, 1158-59 (9th Cir. 2013). Further, insofar as Green-Bressler challenges the presentence reports, this claim is not cognizable. See United States v. Dillon, 560 U.S. 817, 831 (2010) (alleged sentencing errors are “outside the scope of the proceeding authorized by § 3582(c)(2)”).

AFFIRMED.

2 16-10263