United States v. Travis Waipa

667 F. App'x 217

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 22, 2016
• Docket: 15-10392
• Status: Unpublished

Opinion

MEMORANDUM **

Travis Waipa 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. Reviewing de novo, see United States v. Sykes, 658 F.3d 1140, 1144 (9th Cir. 2011), we affirm.

Waipa contends that he is entitled to a sentence reduction under Amendment 782 to the Sentencing Guidelines. In the alternative, he argues that, even if Amendment 782 does not authorize a reduction in his sentence, the district court should have resentenced him to 108 months, the bottom of his Guidelines range. These claims fail. Waipa’s 120-month sentence reflects the mandatory minimum for his offense. See 21 U.S.C. § 841(b)(1)(A)(viii). The mandatory minimum applies in section 3582(c)(2) proceedings. See Sykes, 658 F.3d at 1147-48. Thus, the district court correctly concluded that it had no authority to reduce Waipa’s sentence below 120 months. See id. at 1148.

AFFIRMED.

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