United States v. Abraham Gutierrez

363 F. App'x 500

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 26, 2010
• Docket: 09-50080
• Status: Unpublished

Opinion

MEMORANDUM **

Abraham Ferrel Gutierrez appeals from the district court’s order denying his 18 U.S.C. § 3582(c)(2) motion for reduction of sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Gutierrez contends that the district court erred when it denied his motion for a sentence reduction, pursuant to 18 U.S.C. § 3582(c)(2). The district court correctly determined that it did not have the authority to reduce Gutierrez’s sentence because Amendment 706 did not affect the applicable sentencing range. See 18 U.S.C. § 3582(c); see also United States v. Leniear, 574 F.3d 668, 674 (9th Cir.2009). We reject Gutierrez’s contention that application of § 3582(c)(2) to the drug quantity in his case renders his Guidelines’ range mandatory.

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.