United States v. Tony Green

364 F. App'x 345

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 3, 2010
• Docket: 08-30270
• Status: Unpublished

Opinion

MEMORANDUM **

Tony Carzell Green appeals from the district court’s order denying his 18 U.S.C. § 3582(c)(2) motion for a reduction of sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Green contends that the district court erred in denying his motion for resentenc-ing pursuant to the retroactive amendments to the crack cocaine Sentencing Guidelines. The district court did not err in denying the motion because Green was sentenced as a career offender pursuant to U.S.S.G. § 4B1.1. See United States v. Wesson, 583 F.3d 728, 731 (9th Cir.2009).

To the extent that Green argues that he is entitled to be resentenced under the advisory Guidelines pursuant to United States v. Hicks, 472 F.3d 1167 (9th Cir.2007), this argument also lacks merit. U.S.S.G § 1B1.10 cmt. n. 1(A) (2008); see also United States v. Leniear, 574 F.3d 668, 673-74 (9th Cir.2009).

AFFIRMED.

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