United States v. George Beltran

688 F. App'x 441

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 19, 2017
• Docket: 16-50232
• Status: Unpublished

Opinion

MEMORANDUM **

George Alberto Beltran 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.

Beltran contends that he is entitled to a sentence reduction under Amendment 782 to the Sentencing Guidelines. We review de novo whether a. defendant is eligible for a sentence reduction under section 3582(c)(2). See United States v. Paulk, 569 F.3d 1094, 1095 (9th Cir. 2009). Beltran is not eligible for a sentence reduction because his sentence was not “based on a sentencing range that has subsequently been lowered by the Sentencing Commission.” 18 U.S.C. § 3582(c)(2). Rather, his sentence was based on the statutory mandatory minimum under 21 U.S.C. § 960(b)(1)(B). Thus, the district court properly denied relief. See Paulk, 569 F.3d at 1095.

Beltran’s additional claims are not cognizable under section 3582(c)(2). See Dillon v. United States, 560 U.S. 817, 831, 130 S.Ct. 2683, 177 L.Ed.2d 271 (2010) (alleged sentencing errors are “outside the scope of the proceeding authorized by § 3582(c)(2)”).

AFFIRMED.

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