United States of America v. Tony Carzell Green

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
AK/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TONY CARZELL GREEN,
Defendant - Appellant.
No. 08-30270
D.C. No. 3:98-cr-05067-BHS
MEMORANDUM *
Appeal from the United States District Court
for the Western District of Washington
Benjamin H. Settle, District Judge, Presiding
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Tony Carzell Green appeals from the district court’s order denying his 18
U.S.C. § 3582(c)(2) motion for a reduction of sentence. We have jurisdiction
pursuant to 28 U.S.C. § 1291, and we affirm.
FILED
FEB 03 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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AK/Research 08-30270 2
Green contends that the district court erred in denying his motion for
resentencing pursuant to the retroactive amendments to the crack cocaine
Sentencing Guidelines. The district court did not err in denying the motion
because Green was sentenced as a career offender pursuant to U.S.S.G. § 4B1.1.
See United States v. Wesson, 583 F.3d 728, 731 (9th Cir. 2009).
To the extent that Green argues that he is entitled to be resentenced under the
advisory Guidelines pursuant to United States v. Hicks, 472 F.3d 1167 (9th Cir.
2007), this argument also lacks merit. U.S.S.G § 1B1.10 cmt. n.1(A) (2008); see
also United States v. Leniear, 574 F.3d 668, 673-74 (9th Cir. 2009).
AFFIRMED.

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