United States v. Estanislao Pulido

670 F. App'x 468

• Court: Court of Appeals for the Ninth Circuit
• Decided: November 1, 2016
• Docket: 15-10569
• Status: Unpublished

Opinion

MEMORANDUM **

Estanislao Pulido 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.

Pulido contends that he is entitled to a sentence induction 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. Paulk, 569 F.3d 1094, 1095 (9th Cir. 2009). Pulido’s 120-month sentence reflects the mandatory minimum for his offense. See 21 U.S.C. § 841(b)(1)(A). The mandatory minimum applies in section 3582(c)(2) proceedings. See United States v. Sykes, 658 F.3d 1140, 1147-48 (9th Cir. 2011). Therefore, the district court correctly concluded that it had no authority to reduce Pulido’s sentence below 120 months. See id. at 1148.

Pulido’s claim that the government breached the plea agreement is not cognizable in this proceeding. See Dillon v. United States, 560 U.S. 817, 826, 130 S.Ct. 2683, 177 L.Ed.2d 271 (2010) (section 3582(c)(2) does not permit a “plenary re-sentencing proceeding”).

AFFIRMED.

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