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

United States v. Jose Manzo

United States v. Jose Manzo
U.S. Court of Appeals for the Ninth Circuit · Decided April 24, 2017 · Gould, Clifton, Hurwitz
689 F. App'x 862

United States v. Jose Manzo

Opinion

MEMORANDUM **

Jose Luis Manzo appeals pro se from the district court’s order denying his motion for a sentence reduction under Í8 U.S.C. § 3582(c)(2). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Manzo contends that the district court erred by denying his motion for a sentence reduction under Amendment 782 to the Sentencing Guidelines. We review de novo whether a district court had authority to modify a sentence under section 3682(c)(2). See United States v. Leniear, 574 F.3d 668, 672 (9th Cir. 2009). Contrary to Man-zo’s contention, the district court did not conclude that he was ineligible for a sentence reduction because his sentence was based on the parties’ Federal Rule of Criminal Procedure 11(c)(1)(C) plea agreement. Rather, the district court correctly held that it lacked the authority to reduce Manzo’s sentence because Amendment 782 did not lower his applicable Guidelines range. See 18 U.S.C. § 3582(c)(2); Leniear, 574 F.3d at 673-74.

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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