United States of America v. Vincent Martinez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
VINCENT MARTINEZ,
Defendant-Appellant.
No. 16-30032
D.C. No. 1:97-cr-00037-DLC
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Dana L. Christensen, Chief Judge, Presiding
Submitted February 14, 2017**
Before: GOODWIN, FARRIS, and FERNANDEZ, Circuit Judges.
Vincent Martinez appeals from the district court’s order granting in part 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.
FILED
FEB 27 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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Martinez contends that he is entitled to a further sentence reduction under
Amendment 782 to the Sentencing Guidelines. In light of the nature of Martinez’s
offense and the other 18 U.S.C. § 3553(a) sentencing factors, the district court did
not abuse its discretion by reducing Martinez’s sentence to the high-end of the
amended Guidelines range. See U.S.S.G. § 1B1.10 cmt. n.1(B)(i); United States v.
Dunn, 728 F.3d 1151, 1155 (9th Cir. 2013). Moreover, contrary to Martinez’s
contention, the district court adequately addressed his arguments for a further
reduction and explained its sentencing decision. See United States v. Trujillo, 713
F.3d 1003, 1009, 11 (9th Cir. 2013).
AFFIRMED.
16-30032 2

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