United States of America v. Jesse Edgardo Herrera, a.k.a. Harald Herrera, a.k.a. Harold Herrera, a.k.a. Herald…

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JESSE EDGARDO HERRERA, a.k.a.
Harald Herrera, a.k.a. Harold Herrera, a.k.a.
Herald Herrera, a.k.a. Jesse B. Herrera,
a.k.a. Jesse Edgar Herrera, a.k.a. Jessie
Herrera,
Defendant-Appellant.
No. 16-50162
D.C. No. 2:14-cr-00155-JFW
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
John F. Walter, District Judge, Presiding
Submitted April 11, 2017**
Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.
Jesse Edgardo Herrera 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
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 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 24 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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jurisdiction under 28 U.S.C. § 1291, and we affirm.
Herrera’s plea agreement provided that, if he received the benefit of then-
pending Amendment 782 at sentencing, he waived any right to file a later motion
for a sentence reduction under that amendment. Contrary to Herrera’s contention,
the record reflects that the sentencing court granted him the benefit of Amendment
782 by way of a two-level downward variance. Accordingly, the district court
correctly concluded that Herrera had waived the right to pursue a further reduction.
AFFIRMED.

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