United States v. Rodrigo Sanchez-Soto
UNITED STATES of America, Plaintiff-Appellee, v. Rodrigo Colmenares Y SANCHEZ-SOTO, Defendant-Appellant
- Area
- other
- Panel
- William T. Wallace (author), Jay S. Bybee, Barry G. Silverman
Analysis
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Opinion
NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 21 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 16-50370 Plaintiff-Appellee, D.C. No. 3:11-cr-01926-H v. MEMORANDUM * RODRIGO COLMENARES Y SANCHEZ- SOTO, Defendant-Appellant.
Appeal from the United States District Court for the Southern District of California Marilyn L. Huff, District Judge, Presiding Submitted December 18, 2017** Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges.
Rodrigo Colmenares Y Sanchez-Soto 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.
Sanchez-Soto contends that he is entitled to a sentence reduction under * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Amendment 782 to the Sentencing Guidelines. 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). Given the quantity of drugs involved in Sanchez-Soto’s offense, Amendment 782 did not lower his sentencing range. See U.S.S.G. § 2D1.1(c)(1) (2014). Therefore, a reduction is not authorized under section 3582(c)(2). See U.S.S.G. § 1B1.10(a)(2)(B) (2014);
United States v. Mercado-Moreno, 869 F.3d 942, 948-49 (9th Cir. 2017).
AFFIRMED.
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