United States of America v. Calvin L. Robinson

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
CALVIN L. ROBINSON,
Defendant-Appellant.
No. 17-16724
D.C. Nos. 3:15-cv-03865-CRB
3:88-cr-00336-CRB
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Charles R. Breyer, District Judge, Presiding
Submitted December 17, 2018**
Before: WALLACE, SILVERMAN, and McKEOWN, Circuit Judges.
Calvin L. Robinson 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.
Robinson contends that he is eligible for a sentence reduction under
* 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
DEC 21 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-16724
Amendments 505 and 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).
Robinson was convicted of offenses involving substances that corresponded to
180,981 kilograms of marijuana. Even after Amendment 505 and Amendment
782, the guideline range applicable to Robinson remains 360 months to life. See
U.S.S.G. § 2D1.1(c)(1) (2014). Because neither amendment lowered Robinson’s
applicable guideline range, the district court correctly concluded that he is
ineligible for a sentence reduction. See 18 U.S.C. § 3582(c)(2); U.S.S.G.
§ 1B1.10(a)(2)(B); Leniear, 574 F.3d at 674.
To the extent Robinson challenges his underlying conviction and sentence,
such claims are not cognizable in a section 3582(c)(2) proceeding. See Dillon v.
United States, 560 U.S. 817, 831 (2010).
AFFIRMED.

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