United States of America v. Efren Santivanz Gomez

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NOT FOR PUBLICATION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.
EFREN SANTIVANZ GOMEZ,
Defendant - Appellant.
No. 09-10520
D.C. No. 5:00-cr-20273-JW
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
James Ware, District Judge, Presiding
Submitted September 13, 2010**
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Federal prisoner Efren Santivaz Gomez appeals pro se from the district
court’s denial of his motion to reduce his 140-month sentence pursuant to 18
U.S.C. § 3582(c)(2). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
OCT 04 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

09-10520 2
Gomez contends that the district court erred by failing to reduce his sentence
based on Amendment 709 of the United States Sentencing Guidelines. The district
court did not err because the sentence was not based on a sentencing range that has
since been lowered by the Sentencing Commission. See United States v. Paulk,
569 F.3d 1094, 1095 (9th Cir. 2009) (per curiam). Moreover, Amendment 709 to
U.S.S.G. § 4A1.2(c)(1) would not affect the assignment of criminal history points
to Gomez’s prior offenses. See U.S.S.G. § 4A1.2(c).
AFFIRMED.

-- 2 of 2 --