United States of America v. Deon Lorenzo Lyons

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NOT FOR PUBLICATION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.
DEON LORENZO LYONS,
Defendant - Appellant.
No. 09-10436
D.C. No. 2:95-cr-00286-PMP
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Philip M. Pro, District Judge, Presiding
Submitted December 6, 2010**
Before: GOODWIN, RYMER, and GRABER, Circuit Judges.
Deon Lorenzo Lyons appeals pro se from the district court’s order denying
his 18 U.S.C. § 3582(c)(2) motion to reduce sentence. We have jurisdiction under
28 U.S.C. § 1291, and we affirm.
Lyons contends that the district court erred by failing to reduce his sentence
FILED
DEC 13 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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On direct appeal, we affirmed Lyons’ sentence based on 8.5 kilograms of1
crack cocaine. See United States v. Lyons, 165 F.3d 36 (9th Cir. 1998).
09-10436 2
pursuant to Amendment 706 to the United States Sentencing Guidelines, which
lowered the sentencing range for offenses involving crack cocaine. However,
Amendment 706 did not lower the base offense level for crack offenses that equal
or exceed 4.5 kilograms. See U.S.S.G. § 2D1.1(c)(1) (2008). Thus, Lyons’1
sentence is not based on a sentencing range that has subsequently been lowered by
the Sentencing Commission, as required by Section 3582(c)(2). See United States
v. Leniear, 574 F.3d 668, 673 (9th Cir. 2009).
AFFIRMED.

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