United States of America v. Jesus Israel Martinez

* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JESUS ISRAEL MARTINEZ,
Defendant - Appellant.
No. 12-50094
D.C. No. 2:08-cr-00688-AHM-21
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
A. Howard Matz, District Judge, Presiding
Argued and Submitted February 7, 2013
Pasadena, California
Before: CALLAHAN, IKUTA, and HURWITZ, Circuit Judges.
Jesus Martinez appeals a district court order denying his motion pursuant to 18
U.S.C. § 3582(c)(2) for reduction of sentence based on the Fair Sentencing Act of
2010 (“FSA”) and subsequent amendments to the Sentencing Guidelines. Martinez’s
60 month sentence was the statutory mandatory minimum at the time of his
FILED
APR 08 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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sentencing. See 21 U.S.C. § 841(b)(1)(B) (2006). Because the FSA does not apply
to defendants sentenced before its effective date, United States v. Augustine, ___ F.3d
___, 2013 WL 1317037 (9th Cir. Apr. 3, 2013), we affirm the district court’s order.
AFFIRMED.

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