United States of America v. Felipe Almanza

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NOT FOR PUBLICATION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.
FELIPE ALMANZA,
Defendant - Appellant.
No. 09-10036
D.C. No. 2:92-cr-00277-DAE
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
David A. Ezra, District Judge, Presiding
Submitted August 23, 2010**
Before: LEAVY, HAWKINS, and THOMAS, Circuit Judges.
Felipe Almanza 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.
Almanza contends that the district court erred by imposing a substantively
FILED
SEP 07 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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unreasonable sentence, failing to consider all the 18 U.S.C. § 3553(a) factors to
impose an individualized sentence, and treating the Sentencing Guidelines as
mandatory. These contentions are foreclosed. See Dillon v. United States, 130 S.
Ct. 2683, 2691-93 (2010).
AFFIRMED.

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