United States of America v. Dwayne Allen Falconer

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NOT FOR PUBLICATION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.
DWAYNE ALLEN FALCONER,
Defendant - Appellant.
No. 09-55165
D.C. No. 2:92-cr-00749-SVW
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Stephen V. Wilson, District Judge, Presiding
Submitted December 14, 2010**
Before: GOODWIN, WALLACE, and W. FLETCHER, Circuit Judges.
Dwayne Allen Falconer appeals pro se from the district court’s order
denying his 18 U.S.C. § 3582(c)(2) motion for a reduced sentence. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
DEC 27 2010
MOLLY C. DWYER, CLERK
U .S. C O U R T O F AP PE ALS

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09-55165 2
Falconer contends that he is entitled to a reduced sentence in light of the
crack-cocaine amendments to the U.S. Sentencing Guidelines. Falconer’s
contention fails because he was previously sentenced as a career offender under
U.S.S.G. § 4B1.1, and was thus not sentenced “based on a sentencing range that
has subsequently been lowered by the Sentencing Commission,” as required by
18 U.S.C. § 3582(c)(2). See United States v. Wesson, 583 F.3d 728, 730-32 (9th
Cir. 2009).
AFFIRMED.

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