United States of America v. Antoine M. Mercadel

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NOT FOR PUBLICATION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.
ANTOINE M. MERCADEL,
Defendant - Appellant.
No. 09-30280
D.C. No. 2:94-cr-00260-WFN
MEMORANDUM *
Appeal from the United States District Court
for the Eastern District of Washington
Wm. Fremming Nielsen, District Judge, Presiding
Submitted April 5, 2010 **
Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.
Antoine M. Mercadel appeals pro se from the district court’s order denying
his motion for a reduced sentence pursuant to 18 U.S.C. § 3582(c)(2). We have
jurisdiction pursuant to 28 U.S.C. § 1291.
FILED
APR 21 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-30280 2
Mercadel contends that the district court erred by denying his motion in light
of Amendment 706 of the United States Sentencing Guidelines. This contention
fails because Mercadel was sentenced pursuant to the statutory mandatory
minimum. See United States v. Paulk, 569 F.3d 1094, 1095-96 (9th Cir. 2009) (per
curiam) (“Paulk is not entitled to a reduction because his sentence was not based
on a sentencing range that has subsequently been lowered by the Sentencing
Commission, 18 U.S.C. § 3582(c)(2), but rather was based on the statutory
mandatory minimum under 21 U.S.C. § 841.”) (internal quotation marks omitted).
Mercadel’s motion to stay proceedings is denied.
AFFIRMED.

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