United States of America v. Abraham Ferrel Gutierrez

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).
SZ/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ABRAHAM FERREL GUTIERREZ,
Defendant - Appellant.
No. 09-50080
D.C. No. 2:03-cr-00460-RSWL
MEMORANDUM *
Appeal from the United States District Court
for the Central District of California
Ronald S.W. Lew, District Judge, Presiding
Submitted January 11, 2010**
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
Abraham Ferrel Gutierrez appeals from the district court’s order denying his
18 U.S.C. § 3582(c)(2) motion for reduction of sentence. We have jurisdiction
pursuant to 28 U.S.C. § 1291, and we affirm.
FILED
JAN 26 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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SZ/Research 09-50080 2
Gutierrez contends that the district court erred when it denied his motion for
a sentence reduction, pursuant to 18 U.S.C. § 3582(c)(2). The district court
correctly determined that it did not have the authority to reduce Gutierrez’s
sentence because Amendment 706 did not affect the applicable sentencing range.
See 18 U.S.C. § 3582(c); see also United States v. Leniear, 574 F.3d 668, 674 (9th
Cir. 2009). We reject Gutierrez’s contention that application of § 3582(c)(2) to the
drug quantity in his case renders his Guidelines’ range mandatory.
AFFIRMED.

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