United States of America v. Anthony Henry, a.k.a. Chris Gadlin, a.k.a. Rickie Grant, a.k.a. Hippo

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ANTHONY HENRY, a.k.a. Chris Gadlin,
a.k.a. Rickie Grant, a.k.a. Hippo,
Defendant - Appellant.
No. 13-50112
D.C. No. 2:94-cr-00628-CBM
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Consuelo B. Marshall, District Judge, Presiding
Submitted January 21, 2014**
Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges.
Anthony Henry appeals from the district court’s order denying his motion
for a sentence reduction under 18 U.S.C. § 3582(c)(2). We have jurisdiction under
28 U.S.C. § 1291. We review de novo whether a district court has authority to
FILED
JAN 24 2014
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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modify a sentence under section 3582, see United States v. Wesson, 583 F.3d 728,
730 (9th Cir. 2009), and we affirm.
Henry contends that he is eligible for a sentence reduction under
Amendment 750, which amended the drug quantity table in U.S.S.G. § 2D1.1 for
offenses involving crack cocaine. However, Henry was sentenced as a career
offender pursuant to U.S.S.G. § 4B1.1. Therefore, his sentence was not based on a
Guidelines range that has been lowered, and the district court lacked authority to
modify his sentence. See 18 U.S.C. § 3582(c)(2); Wesson, 583 F.3d at 731-32.
Because Henry cannot satisfy the first prong of section 3582(c)(2), we need
not consider his remaining claims, including his ex post facto challenge to
U.S.S.G. § 1B1.10 and his eligibility for a sentence modification under the second
prong of section 3582(c)(2).
AFFIRMED.
13-50112 2

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