United States v. Beston

696 F. App'x 254

Opinion

MEMORANDUM **

Elaine Beston appeals from the district court’s order granting in part her 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.

The district court reduced Bestoris sentence from 192 to 180 months. Beston contends that she is entitled to a further sentence reduction. The record reflects, however, that Beston was ineligible for a reduction because her sentence was not “based on a sentencing range that has subsequently been lowered by the Sentencing Commission.” 18 U.S.C. § 3582(c)(2); United States v. Rodriguez-Soriano, 855 F.3d 1040, 1045-46 (9th Cir. 2017). Nevertheless, we.will not enlarge Bestoris sentence because “a defendant who appeals but faces no cross-appeal can proceed anticipating that the appellate court will not enlarge [her] sentence.” Greenlaw v. United States, 554 U.S. 237, 252, 128 S.Ct. 2559, 171 L.Ed.2d 399 (2008).

AFFIRMED.

Footnotes

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