United States of America v. Khang Kien Tran, a.k.a. Charlie, a.k.a. Thanh, a.k.a. Tran

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KHANG KIEN TRAN, a.k.a. Charlie, a.k.a.
Thanh, a.k.a. Tran,
Defendant - Appellant.
No. 14-10572
D.C. No. 1:95-cr-00151-DAE
MEMORANDUM*
Appeal from the United States District Court
for the District of Hawaii
David A. Ezra, District Judge, Presiding
Submitted April 26, 2016**
Before: McKEOWN, WARDLAW, and PAEZ, Circuit Judges.
Khang Kien Tran 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. We review de novo whether a district court
* 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).
FILED
APR 29 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2 14-10572
has authority to modify a sentence under section 3582(c)(2), see United States v.
Leniear, 574 F.3d 668, 672 (9th Cir. 2009), and we affirm.
Tran contends that he is entitled to a sentence reduction under Amendment
782 to the Sentencing Guidelines. The district court properly concluded that Tran
is ineligible for a sentence reduction because Amendment 782 has not lowered his
applicable sentencing range. See 18 U.S.C. § 3582(c)(2); Leniear, 574 F.3d at
673-74. To the extent that Tran seeks to challenge the sentencing court’s original
calculation of his Guidelines range, this claim is not cognizable in a section 3582
proceeding. See Dillon v. United States, 560 U.S. 817, 826 (2010) (section
3582(c) does not permit a “plenary resentencing proceeding”).
AFFIRMED.

-- 2 of 2 --