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

United States v. Jesse Herrera

United States v. Jesse Herrera
U.S. Court of Appeals for the Ninth Circuit · Decided April 24, 2017 · Gould, Clifton, Hurwitz
689 F. App'x 871

United States v. Jesse Herrera

Opinion

MEMORANDUM **

Jesse Edgardo Herrera 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.

Herrera’s plea agreement provided that, if he received the benefit of then-pending Amendment 782 at sentencing, he waived any right to file a later motion for a sentence reduction under that amendment. Contrary to Herrera’s contention, the record reflects that the sentencing court granted him the benefit of Amendment 782 by way of a two-level downward variance. Accordingly, the district court correctly concluded that Herrera had waived the right to pursue a further reduction.

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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