United States of America v. Charles Bo Mumphrey

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
CHARLES BO MUMPHREY,
Defendant-Appellant.
No. 20-10251
D.C. No. 2:12-cr-00455-HDM-
PAL-2
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Howard D. McKibben, District Judge, Presiding
Submitted May 18, 2021**
Before: CANBY, FRIEDLAND, and VANDYKE, Circuit Judges.
Charles Bo Mumphrey appeals pro se from the district court’s order denying
his motion for a sentence reduction under section 404 of the First Step Act of 2018.
We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Mumphrey contends that the First Step Act allows for a reduction of the
* 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
MAY 26 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2 20-10251
sentence imposed in connection with his conviction for interfering with commerce
by robbery, in violation of 18 U.S.C. § 1951, because his career offender
designation was based, in part, on a prior crack cocaine conviction. “Statutory
interpretation is a question of law that we review de novo.” United States v.
Aruda, 993 F.3d 797, 799 (9th Cir. 2021) (internal quotation marks omitted). No
provision of the Act authorizes a sentence reduction in this case. See First Step
Act §§ 401-04. Contrary to his contention, section 404 does not apply to
Mumphrey because his current Hobbs Act robbery conviction is not an offense for
which “the statutory penalties . . . were modified by section 2 or 3 of the Fair
Sentencing Act of 2010.” Id., § 404(a); United States v. Kelley, 962 F.3d 470, 472
(9th Cir. 2020) (discussing scope of Fair Sentencing Act).
Mumphrey’s motions for sentence reduction and relief under the First Step
Act are denied.
AFFIRMED.

-- 2 of 2 --