United States of America v. Francisco Javier Garcia, a.k.a. Beaver

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
FRANCISCO JAVIER GARCIA,
a.k.a. Beaver,
Defendant-Appellant.
No. 15-50470
D.C. No. 3:05-cr-00199-BEN
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted January 18, 2017**
Before: TROTT, TASHIMA, and CALLAHAN, Circuit Judges.
Francisco Javier Garcia appeals pro se 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, and we affirm.
FILED
JAN 25 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 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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Garcia contends that the district court abused its discretion by denying his
motion for a sentence reduction under Amendment 782 to the Sentencing
Guidelines. The district court acted within its discretion when it denied Garcia a
sentence reduction based on its determination that a reduction would pose a serious
threat to the public in light of his significant criminal history and the circumstances
of the offense. See U.S.S.G. § 1B1.10 cmt. n.1(B); United States v. Lightfoot, 626
F.3d 1092, 1096 (9th Cir. 2010). Moreover, contrary to Garcia’s contention, the
district court considered the 18 U.S.C. § 3553(a) sentencing factors, did not rely on
any clearly erroneous facts, and thoroughly explained its determination that a
reduction was unwarranted. See United States v. Trujillo, 713 F.3d 1003, 1009
(9th Cir. 2013).
AFFIRMED.
15-50470 2

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