United States of America v. Santiago Curiel

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
AK/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
SANTIAGO CURIEL,
Defendant - Appellant.
No. 08-50445
D.C. No. 2:05-cr-00889-RSWL
MEMORANDUM *
Appeal from the United States District Court
for the Central District of California
Ronald S.W. Lew, District Judge, Presiding
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Santiago Curiel appeals from the district court’s order denying his 18 U.S.C.
§ 3582(c)(2) motion for a reduction of sentence. We have jurisdiction pursuant to
28 U.S.C. § 1291, and we affirm.
FILED
FEB 03 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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AK/Research 08-50445 2
Curiel contends that the district court erred in denying his motion because it
had authority to relieve him of his career offender status and then resentence him
pursuant to the retroactive amendments to the crack cocaine Sentencing
Guidelines. The district court did not err in rejecting these arguments. See United
States v. Leniear, 574 F.3d 668, 673 (9th Cir. 2009); see also United States v.
Wesson, 583 F.3d 728, 731 (9th Cir. 2009).
AFFIRMED.

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