United States of America v. Medora Nanoff

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NOT FOR PUBLICATION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.
MEDORA NANOFF,
Defendant - Appellant.
No. 09-30154
D.C. No. 1:06-cr-00016-RFC
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Richard F. Cebull, Chief Judge, Presiding
Submitted September 13, 2010**
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Medora Nanoff appeals from the district court's order denying her 18 U.S.C.
§ 3582(c)(2) motion for a reduced sentence. We have jurisdiction under 28 U.S.C.
§ 1291, and we affirm.
FILED
SEP 29 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-30154 2
Nanoff contends that the district court erred by failing to lower her sentence
in light of Amendment 706 to the United States Sentencing Guidelines. This
contention fails because Nanoff’s sentence was based on a mandatory minimum.
See United States v. Jackson, 577 F.3d 1032, 1034-35 (9th Cir. 2009). Nanoff’s
arguments that her case is distinguishable from Jackson and that United States v.
Auld, 321 F.3d 861 (9th Cir. 2003), has been overruled are also without merit. See
Jackson, 577 F.3d at 1034-35.
AFFIRMED.

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