United States of America v. Alex Contreras

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NOT FOR PUBLICATION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.
ALEX CONTRERAS,
Defendant - Appellant.
No. 08-30213
D.C. No. 3:01-cr-00151-JWS
MEMORANDUM*
Appeal from the United States District Court
for the District of Alaska
John W. Sedwick, District Judge, Presiding
Submitted August 23, 2010**
Before: LEAVY, HAWKINS, and THOMAS, Circuit Judges.
Alex Contreras appeals from the district court’s order granting his 18 U.S.C.
§ 3582(c)(2) motion for sentence reduction. We have jurisdiction under 28 U.S.C.
§ 1291, and we affirm.
Contreras contends that the district court erred when it failed to hold a
FILED
SEP 07 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-30213 2
resentencing hearing governed by United States v. Booker, 543 U.S. 220 (2005),
when ruling on his § 3582(c)(2) motion. This contention is foreclosed. See Dillon
v. United States, 130 S. Ct. 2683, 2690-92 (2010); Fed. R. Crim. P. 43(b)(4).
Contreras also contends that the district court erred by failing to correct a
mistake in his original sentence when ruling on the § 3582(c)(2) motion. As a
general rule, this court does not consider an issue raised for the first time on
appeal. See United States v. Robinson, 20 F.3d 1030, 1032 (9th Cir. 1994).
AFFIRMED.

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