United States v. Lyle Johns

669 F. App'x 424

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 3, 2016
• Docket: 15-10562
• Status: Unpublished

Opinion

MEMORANDUM **

Lyle Gerald Johns appeals from the district court’s order denying his motion for a sentence reduction under 18 U.S.C. § 3682(c)(2). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Johns contends that his sentence violates Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and that, prior to ruling on his motion for a sentence reduction under Amendment 782 to the Sentencing Guidelines, the district court should have corrected this error by recalculating the drug quantities attributable to him. 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). As the district court properly determined, Johns’s Apprendi claim cannot be raised in a 3582(c)(2) proceeding. 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)”). Moreover, Johns is ineligible for a sentence reduction because Amendment 782 did not lower his applicable sentencing range. See 18 U.S.C. § 3582(c)(2); Leniear, 574 F.3d at 673-74.

Johns’s motion for release pending appeal is denied as moot.

AFFIRMED.

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