United States v. Socorro Loya-Chavez
United States v. Socorro Loya-Chavez
Opinion
NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 22 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 19-10003 Plaintiff-Appellee, D.C. No. 3:98-cr-00133-CRB-3 v. MEMORANDUM* SOCORRO LOYA-CHAVEZ, AKA Carlos Guerro, Defendant-Appellant.
Appeal from the United States District Court for the Northern District of California Charles R. Breyer, District Judge, Presiding Submitted August 19, 2019** Before: SCHROEDER, PAEZ, and HURWITZ, Circuit Judges.
Socorro Loya-Chavez 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. Reviewing de novo, see United States v. Wesson, 583 F.3d 728, 730 (9th Cir. 2009), 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).
Loya-Chavez contends that he is entitled to a sentence reduction under Amendment 782 to the Sentencing Guidelines. Contrary to his assertion, Loya- Chavez was not sentenced under U.S.S.G. § 2D1.1, but rather was sentenced as a career offender under U.S.S.G. § 4B1.1. Therefore, his sentence was not “based on” a Guidelines range that was lowered by Amendment 782, and he is ineligible for a sentence reduction. See 18 U.S.C. 3582(c)(2); Wesson, 583 F.3d at 731.
In light of this disposition, we do not reach the government’s alternative argument.
AFFIRMED.
2 19-10003
Case-law data current through December 31, 2025. Source: CourtListener bulk data.