United States v. Andrew Colson

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 10, 2009
• Docket: 08-10287
• Status: Published

Opinion

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 08-10287 Plaintiff-Appellee, v.  D.C. No. 2:03-CR-00559-RCJ ANDREW COLSON, ORDER Defendant-Appellant.  Appeal from the United States District Court for the District of Nevada Robert C. Jones, District Judge, Presiding

Submitted February 23, 2009*

Filed March 10, 2009

Before: Alex Kozinski, Chief Judge, Michael Daly Hawkins and Ronald M. Gould, Circuit Judges.

COUNSEL

Franny A. Forsman, Federal Public Defender, Jason F. Carr, Assistant Federal Public Defender, Las Vegas, Nevada, for the appellant.

Gregory A. Browner, United States Attorney, Peter S. Levitt, Assistant United States Attorney, Las Vegas, Nevada, for the appellee.

*The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

2987 2988 UNITED STATES v. COLSON ORDER

Andrew Colson (“Colson”) appeals from the district court’s decision regarding a discretionary reduction of sentence under 18 U.S.C. § 3582(c)(2). Colson acknowledges that the district court’s decision is not reviewable under United States v. Lowe, 136 F.3d 1231, 1233 (9th Cir. 1998), but argues that Lowe is no longer good law in light of United States v. Carty, 520 F.3d 984 (9th Cir. 2008) (en banc).

We find no conflict between Carty and Lowe, and we affirm that Lowe remains binding. Accordingly, the govern- ment’s motion to dismiss for lack of jurisdiction is granted.

DISMISSED. PRINTED FOR ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON REUTERS/WEST—SAN FRANCISCO

The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2009 Thomson Reuters/West.