United States of America v. Elaine Beston

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ELAINE BESTON,
Defendant-Appellant.
No. 15-30218
D.C. No. 4:08-cr-00007-SEH
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Sam E. Haddon, District Judge, Presiding
Submitted August 9, 2017**
Before: SCHROEDER, TASHIMA, and M. SMITH, Circuit Judges.
Elaine Beston appeals from the district court’s order granting in part her
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.
* 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). Beston’s request for oral
argument is denied.
FILED
AUG 17 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 15-30218
The district court reduced Beston’s sentence from 192 to 180 months.
Beston contends that she is entitled to a further sentence reduction. The record
reflects, however, that Beston was ineligible for a reduction because her sentence
was not “based on a sentencing range that has subsequently been lowered by the
Sentencing Commission.” 18 U.S.C. § 3582(c)(2); United States v. Rodriguez-
Soriano, 855 F.3d 1040, 1045-46 (9th Cir. 2017). Nevertheless, we will not
enlarge Beston’s sentence because “a defendant who appeals but faces no cross-
appeal can proceed anticipating that the appellate court will not enlarge [her]
sentence.” Greenlaw v. United States, 554 U.S. 237, 252 (2008).
AFFIRMED.

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