United States v. Anthony Book

696 F. App'x 231

• Court: Court of Appeals for the Ninth Circuit
• Decided: August 17, 2017
• Docket: 15-30032
• Status: Unpublished

Opinion

MEMORANDUM **

Anthony Francis Book appeals 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.

Book 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). The record makes clear that the disti'ict court imposed Book’s sentence for reasons unrelated to the guideline range lowered by Amendment 782. Because Book’s sentence was not “based on a sentencing range that has subsequently been lowered by the Sentencing Commission,” 18 U.S.C. § 3582(c)(2), the district court properly concluded that he was ineligible was a sentence reduction. See United States v. Rodriguez-Soriano, 855 F.3d 1040, 1045-46 (9th Cir. 2017). Moreover, contrary to Book’s contention, the district court had no cause to consider his arguments that a reduction was warranted under the 18 U.S.C. § 3553(a) factors. See Dillon v. United States, 560 U.S. 817, 826-27, 130 S.Ct. 2683, 177 L.Ed.2d 271 (2010).

Book’s motion for the appointment of new counsel is denied.

AFFIRMED.

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