United States of America v. Ricardo Cruzagosto

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RICARDO CRUZAGOSTO,
Defendant - Appellant.
No. 08-30474
D.C. No. 3:02-cr-00100-HRH
MEMORANDUM*
Appeal from the United States District Court
for the District of Alaska
H. Russel Holland, Senior District Judge, Presiding
Submitted September 13, 2010**
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Ricardo Cruzagosto appeals from the district court’s order denying his 18
U.S.C. § 3582(c)(2) motion for sentence reduction. We have jurisdiction under 28
U.S.C. § 1291, and we affirm.
Cruzagosto contends that the district court erred when it failed to lower his
FILED
OCT 12 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

08-30474 2
sentence pursuant to 18 U.S.C. § 3582(c)(2) following the United States
Sentencing Commission’s adoption of Amendment 706. We affirm in light of
Dillon v. United States, 130 S. Ct. 2683 (2010).
AFFIRMED.

-- 2 of 2 --