United States of America v. Heather Schutz

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NOT FOR PUBLICATION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.
HEATHER SCHUTZ,
Defendant - Appellant.
No. 12-30073
D.C. No. 1:06-cr-00034-CCL-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Charles C. Lovell, District Judge, Presiding
Submitted December 19, 2012**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Heather Schutz appeals from the district court’s order denying her motion
for a sentence reduction under 18 U.S.C. § 3582(c)(2). We have jurisdiction under
28 U.S.C. § 1291, and we affirm.
FILED
DEC 31 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-30073 2
Schutz contends that the district court erred by failing to consider whether
she was entitled to a sentence reduction under Amendment 750, which amended
the drug quantity table in U.S.S.G. § 2D1.1 for offenses involving crack cocaine.
Contrary to Schutz’s contention, the district court considered her motion. It
declined to grant the requested reduction, however, in light of Schutz’s prior
sentence reductions, which resulted in her sentence being below the amended
Guideline range and the mandatory minimum. The court did not abuse its
discretion by denying the motion. See United States v. Austin, 676 F.3d 924, 926
(9th Cir. 2012).
AFFIRMED.

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