United States v. Narco Gallon

552 F. App'x 712

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 17, 2014
• Docket: 12-10580
• Status: Unpublished

Opinion

MEMORANDUM ***

The United States of America appeals the district court’s order reducing Defendant Narco Gallon’s term of imprisonment from 78 months to 66 months. Reviewing de novo the district court’s jurisdiction under 18 U.S.C. § 3582 to reduce Defendant’s sentence, United States v. Leniear, 574 F.3d 668, 672 (9th Cir.2009), we reverse and remand.

As Defendant concedes, under our decision in United States v. Pleasant, 704 F.3d 808 (9th Cir.2013), cert. denied, — U.S. -, 134 S.Ct. 824, 187 L.Ed.2d 688, 2013 WL 4744128 (U.S. Dec. 16, 2013) (No. 13-6147), the district court lacked jurisdiction to reduce Defendant’s sentence. The “guideline range applicable to” Defendant for purposes of U.S.S.G. § lB1.10(a)(l) was the Career Offender Guideline, U.S.S.G. § 4B1.1. Pleasant, 704 F.3d at 812. Because the Sentencing Commission has not lowered that range, “the district court did not have jurisdiction either to hear [Defendant’s] § 3582(c) motion or to act sua sponte.” Id. Accordingly, we reverse the district court’s order and remand with instructions to reinstate Defendant’s original sentence.

REVERSED and REMANDED.

*** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.