United States of America v. Angella Leann Parker

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ANGELLA LEANN PARKER,
Defendant - Appellant.
No. 14-30245
D.C. No. 2:11-cr-00027-DWM
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Donald W. Molloy, District Judge, Presiding
Submitted September 21, 2015**
Before: REINHARDT, LEAVY, and BERZON, Circuit Judges.
Angella Leann Parker appeals pro se from the district court’s order denying
her 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 authority to modify a sentence under section 3582(c)(2), see United States v.
FILED
SEP 25 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

-- 1 of 2 --

Leniear, 574 F.3d 668, 672 (9th Cir. 2009), and we affirm.
Parker argues that she is eligible for a sentence reduction under Amendment
782 to the Sentencing Guidelines. The district court properly concluded that
Parker is ineligible for a sentence reduction because her sentence is already below
the amended Guidelines range, and the government did not file a motion for
substantial assistance. See U.S.S.G. § 1B1.10(b)(2) (unless the government filed a
motion for substantial assistance, the district court shall not reduce a defendant’s
term of imprisonment under § 3582(c)(2) to a term below the amended Guidelines
range); United States v. Davis, 739 F.3d 1222, 1224 (9th Cir. 2014).
All pending motions are denied as moot.
AFFIRMED.
14-30245 2

-- 2 of 2 --