United States of America v. Raul Chavez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RAUL CHAVEZ,
Defendant - Appellant.
No. 15-10102
D.C. No. 1:99-cr-05060-AWI
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Anthony W. Ishii, District Judge, Presiding
Submitted December 9, 2015**
Before: WALLACE, RAWLINSON, and IKUTA, Circuit Judges.
Raul Chavez appeals pro se from the district court’s order denying his
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.
FILED
DEC 15 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

-- 1 of 2 --

Chavez contends that he is entitled to a sentence reduction under
Amendment 782 to the Sentencing Guidelines. We review de novo whether a
district court had authority to modify a sentence under section 3582(c)(2). See
United States v. Leniear, 574 F.3d 668, 672 (9th Cir. 2009). Contrary to Chavez’s
contention, Amendment 782 did not lower his offense level calculation under
U.S.S.G. § 2D1.1(c). See U.S.S.G. app. C, amend. 782 (Supp. 2014). Thus, the
district court lacked authority to reduce his sentence. See 18 U.S.C. § 3582(c)(2);
Leniear, 574 F.3d at 674.
AFFIRMED.
15-10102 2

-- 2 of 2 --