United States of America v. Nai Ching Saelee

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NOT FOR PUBLICATION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.
NAI CHING SAELEE,
Defendant - Appellant.
No. 08-30331
D.C. No. 3:04-CR-00125-RRB
MEMORANDUM*
Appeal from the United States District Court
for the District of Alaska
Ralph R. Beistline, Chief District Judge, Presiding
Submitted May 25, 2010**
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Nai Ching Saelee appeals from the district court’s order denying his 18
U.S.C. § 3582(c)(2) motion for a reduction of his sentence. We have jurisdiction
under 28 U.S.C. § 1291, and we affirm.
FILED
JUN 11 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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Saelee contends that Amendment 706 to the United States Sentencing
Guidelines, retroactively amending U.S.S.G. § 2D1.1 with respect to offenses
involving crack cocaine, authorizes the district court to resentence him. The
district court did not err by concluding that it lacked jurisdiction pursuant to
section 3582(c)(2) to modify Saelee’s sentence, as his sentence was premised upon
the career offender provision of U.S.S.G. § 4B1.1. Thus, Saelee’s sentence is not
based on a sentencing range that has subsequently been lowered by the Sentencing
Commission, as required by section 3582(c)(2). 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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