United States of America v. John P. Dewey

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JOHN P. DEWEY,
Defendant-Appellant.
No. 16-30113
D.C. No. 4:08-cr-00076-SEH
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Sam E. Haddon, District Judge, Presiding
Submitted April 11, 2017**
Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.
John P. Dewey appeals 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.
Dewey contends that the district court erred by denying his motion without
* 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). Dewey’s request for oral
argument is denied.
FILED
APR 24 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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first appointing counsel to represent him. This claim fails because Dewey had no
constitutional right to counsel when bringing his section 3582 motion. See United
States v. Townsend, 98 F.3d 510, 512-13 (9th Cir. 1996). Moreover, because
Dewey was sentenced as a career offender under U.S.S.G. § 4B1.1, the district
court correctly determined that he is ineligible for a sentence reduction under
Amendment 782. See 18 U.S.C. § 3582(c)(2); United States v. Wesson, 583 F.3d
728, 731 (9th Cir. 2009).
AFFIRMED.

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