Testo completo
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 15-12702
Non-Argument Calendar
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D.C. Docket No. 1:05-cr-20393-KMM-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TEDDY GARCIA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Florida
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(April 14, 2016)
Before HULL, MARCUS, and EDMONDSON, Circuit Judges.
Case: 15-12702 Date Filed: 04/14/2016 Page: 1 of 2
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PER CURIAM:
Teddy Garcia appeals the district court’s denial of his motion to reduce his
sentence, pursuant to 18 U.S.C. § 3582(c)(2). He says that the district court abused
its discretion by not considering the 18 U.S.C. § 3553(a) factors and by classifying
him as a career offender. Garcia was not eligible for a sentence reduction, because
he was sentenced as a career offender. So the district court did not have the
authority to consider the § 3553(a) factors. Furthermore, a § 3582(c)(2) motion
cannot be used to challenge his status as a career offender. See Dillon v. United
States, 130 S. Ct. 2683 (2010).
AFFIRMED.
Case: 15-12702 Date Filed: 04/14/2016 Page: 2 of 2
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