United States of America v. Rodrigo Colmenares Ysanchez- Soto

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
RODRIGO COLMENARES Y SANCHEZ-
SOTO,
Defendant-Appellant.
No. 16-50370
D.C. No. 3:11-cr-01926-H
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Marilyn L. Huff, District Judge, Presiding
Submitted December 18, 2017 **
Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges.
Rodrigo Colmenares Y Sanchez-Soto 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, and we affirm.
Sanchez-Soto contends that he is entitled to a sentence reduction under
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
DEC 21 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 16-50370
Amendment 782 to the Sentencing Guidelines. We review de novo whether a
district court had authority to modify a sentence under section 3582(c)(2). See
United States v. Leniear, 574 F.3d 668, 672 (9th Cir. 2009). Given the quantity of
drugs involved in Sanchez-Soto’s offense, Amendment 782 did not lower his
sentencing range. See U.S.S.G. § 2D1.1(c)(1) (2014). Therefore, a reduction is
not authorized under section 3582(c)(2). See U.S.S.G. § 1B1.10(a)(2)(B) (2014);
United States v. Mercado-Moreno, 869 F.3d 942, 948-49 (9th Cir. 2017).
AFFIRMED.

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