United States of America v. John Fitzgerald Harris

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
JC/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOHN FITZGERALD HARRIS,
Defendant - Appellant.
No. 08-10367
D.C. No. 2:03-cr-00421-SMM
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Stephen M. McNamee, District Judge, Presiding
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
John Fitzgerald Harris appeals from the district court’s denial of his motion
to reduce his sentence under 18 U.S.C. § 3582(c)(2). We have jurisdiction
pursuant to 28 U.S.C. § 1291, and we affirm.
FILED
DEC 14 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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JC/Research 08-10367 2
Harris contends the district court erred by denying his § 3582(c)(2) motion
because his sentence was based on a range that has been lowered by Amendment
706 to the United States Sentencing Guidelines. The district court lacked authority
to reduce Harris’ below-guidelines sentence because the record demonstrates that
Harris’ sentence was not based on the Guidelines. See United States v. Bride,
581 F.3d 888, 891 (9th Cir. 2009).
AFFIRMED.

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