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

United States v. Christopher Niu

United States v. Christopher Niu
U.S. Court of Appeals for the Ninth Circuit · Decided April 24, 2017 · Gould, Clifton, Hurwitz
689 F. App'x 580

United States v. Christopher Niu

Opinion

MEMORANDUM **

Christopher Niu 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.

Niu contends that he is entitled to 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 3582(c)(2). See United States v. Leniear, 574 F.3d 668, 672 (9th Cir. 2009). Contrary to Niu’s contention, the district court properly followed the procedure set forth in Dillon v. United States, 560 U.S. 817, 130 S.Ct. 2683, 177 L.Ed.2d 271 (2010). In so doing, the district court correctly determined that Niu is ineligible for a sentence reduction under Amendment 782 because his sentence is already below the minimum of the amended guideline range. See U.S.S.G. § lB1.10(b)(2)(A) (“[T]he court shall not reduce the defendant’s term of imprisonment under 18 U.S.C. § 3582(c)(2) and this policy statement to a term that is less than the minimum of the amended guideline range.”). Niu’s contentions that the government breached the plea agreement and that the district court failed to explain the sentence adequately are outside the scope of this proceeding. See Dillon, 560 U.S. at 831,130 S.Ct. 2683.

AFFIRMED.

**

This disposition is not appropriate for publi *581 cation and is not precedent except as provided by Ninth Circuit Rule 36-3.

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