United States of America v. Bruce Dwight Sutton

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NOT FOR PUBLICATION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.
BRUCE DWIGHT SUTTON,
Defendant - Appellant.
No. 12-50185
D.C. No. 2:07-cr-00602-GAF
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Gary A. Feess, District Judge, Presiding
Submitted June 18, 2013**
Before: TALLMAN, M. SMITH, and HURWITZ, Circuit Judges.
Bruce Dwight Sutton appeals from the district court’s order granting his 18
U.S.C. § 3582(c)(2) motion for reduction of sentence. We have jurisdiction under
28 U.S.C. § 1291, and we affirm.
Sutton contends that he is entitled to a further reduction of sentence based on
FILED
JUN 21 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-50185 2
the Fair Sentencing Act of 2010 (“FSA”) and subsequent amendments to the
Sentencing Guidelines that lowered the Guidelines ranges for crack cocaine
offenses. We review de novo whether the district court had authority to modify a
defendant’s sentence under section 3582(c)(2). See United States v. Austin, 676
F.3d 924, 926 (9th Cir. 2012).
The district court granted Sutton’s motion and reduced his sentence to 120
months, the statutory mandatory minimum at the time of sentencing. See 21
U.S.C. § 841(b)(1)(A) (2008). Because the FSA’s reduced mandatory minimums
do not apply to defendants sentenced before its effective date, a reduction in
Sutton’s sentence below 120 months would not be consistent with the policy
statements issued by the Sentencing Commission, and the district court properly
declined to further modify Sutton’s sentence. See 18 U.S.C. § 3582(c)(2);
U.S.S.G. § 1B1.10 cmt. n.1(A); United States v. Augustine, 712 F.3d 1290, 1295
(9th Cir. 2013).
AFFIRMED.

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