United States of America v. DERNEVAL RODNELL DIMMER, AKA Pedro Dimmer, AKA Jabba

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
DERNEVAL RODNELL DIMMER, AKA
Pedro Dimmer, AKA Jabba,
Defendant-Appellant.
No. 19-30114
D.C. No. 3:12-cr-00035-TMB-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Alaska
Timothy M. Burgess, District Judge, Presiding
Submitted November 18, 2019**
Before: CANBY, TASHIMA, and CHRISTEN, Circuit Judges.
Derneval Rodnell Dimmer 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.
Dimmer contends that he is entitled to 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
NOV 26 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 19-30114
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 Dimmer’s
contention, the district court properly followed the procedure set forth in Dillon v.
United States, 560 U.S. 817 (2010). As this court has previously found, the district
court correctly determined that Dimmer is ineligible for a sentence reduction under
Amendment 782 because his sentence is already below the minimum of the
amended guideline range. See U.S.S.G. § 1B1.10(b)(2)(A) (“[T]he court shall not
reduce the defendant’s term of imprisonment under 18 U.S.C. § 3582(c)(2) and this
policy statement to a term that is less than the minimum of the amended guideline
range.”).
We do not reach Dimmer’s additional arguments because they are not
cognizable in a section 3582(c)(2) proceeding. See Dillon, 560 U.S. at 831.
AFFIRMED.

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