United States v. Rivera

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 26 2025

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 24-4701

D.C. No. Plaintiff - Appellee, 3:21-cr-03382-AJB-1 v.

MEMORANDUM* JAMES CHARLES RIVERA,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California

Anthony J. Battaglia, District Judge, Presiding Submitted June 18, 2025**

Before: CANBY, S.R. THOMAS, and SUNG, Circuit Judges.

James Charles Rivera 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.

Rivera contends that the district court incorrectly concluded he was *

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ineligible for a sentence reduction. He argues that ineligibility under U.S.S.G. § 4C1.1(a)(10)1 is established only when a defendant both received an adjustment under U.S.S.G. § 3B1.1 and engaged in a continuing criminal enterprise, and he did not meet the latter criterion. This argument is foreclosed by United States v. Gonzalez-Loera, 135 F.4th 856, 857 (9th Cir. 2025) (“[W]e hold that [U.S.S.G. § 4C1.1(a)(10)] contains two distinct requirements, and a defendant must satisfy both to obtain relief. Thus, a defendant is ineligible for relief under § 4C1.1 if he either received an adjustment under § 3B1.1 or engaged in a continuing criminal enterprise.”). Because there is no dispute that Rivera received an adjustment under U.S.S.G. § 3B1.1, the district court correctly determined he was ineligible for a sentence reduction. See Gonzalez-Loera, 135 F.4th at 861.

AFFIRMED.