United States of America v. Dwight Anthony Weems

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DWIGHT ANTHONY WEEMS,
Defendant - Appellant.
No. 09-30271
D.C. No. 2:02-cr-00292-JCC
MEMORANDUM*
Appeal from the United States District Court
for the Western District of Washington
John C. Coughenour, District Judge, Presiding
Submitted September 13, 2010**
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Dwight Anthony Weems appeals from the district court’s order denying his
18 U.S.C. § 3582(c)(2) motion for a reduced sentence. We have jurisdiction under
28 U.S.C. § 1291, and we affirm.
FILED
SEP 29 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

09-30271 2
Weems contends that the district court erred by denying his motion for a
reduction in his sentence, which was imposed upon revocation of supervised
release, because it is part of his original sentence for which the Sentencing
Guidelines range has been lowered. Assuming, without deciding, that his notice of
appeal is timely, see United States v. Sadler, 480 F.3d 932, 936 (9th Cir. 2007),
Weems’ arguments are foreclosed by United States v. Morales, 590 F.3d 1049 (9th
Cir. 2010).
AFFIRMED.

-- 2 of 2 --