United States of America v. Jay Kent

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JAY KENT,
Defendant - Appellant.
No. 12-10507
D.C. No. 3:08-CR-00890-MMC-2
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Maxine M. Chesney, Senior District Judge, Presiding
Submitted October 7, 2013**
San Francisco, California
Before: D.W. NELSON, M. SMITH, and IKUTA, Circuit Judges.
Jay Kent appeals the denial of his motion for reduction in sentence brought
under 18 U.S.C. § 3582(c)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291
and 18 U.S.C. § 3742(a), and we affirm.
FILED
OCT 10 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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Assuming, without deciding, that Kent’s motion for reduction in sentence
did not violate his plea agreement, our holding in United States v. Augustine, 712
F.3d 1290 (9th Cir. 2013), forecloses Kent’s arguments that the Fair Sentencing
Act’s mandatory minimums should apply retroactively to defendants sentenced
before the Act was enacted. The district court did not abuse its discretion in
denying Kent’s § 3582(c)(2) motion.
AFFIRMED.
2

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