United States of America v. Terry Bray

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NOT FOR PUBLICATION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.
TERRY BRAY,
Defendant - Appellant.
No. 12-50032
D.C. No. 2:07-cr-00685-ABC
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Audrey B. Collins, District Judge, Presiding
Submitted December 19, 2012**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Terry Bray 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. We review de novo whether a district court has jurisdiction to
FILED
DEC 31 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-50032 2
modify a sentence under section 3582. See United States v. Wesson, 583 F.3d 728,
730 (9th Cir. 2009). We affirm.
Bray contends that he is eligible for a sentence reduction under Amendment
750, which amended the drug quantity table in U.S.S.G. § 2D1.1 for offenses
involving crack cocaine. However, Bray was sentenced as a career offender
pursuant to U.S.S.G. § 4B1.1. Therefore, his sentence was not based on a
Guidelines range that has been lowered, and the district court lacked jurisdiction to
modify his sentence. See 18 U.S.C. § 3582(c)(2); Wesson, 583 F.3d at 731-32.
AFFIRMED.

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