United States v. 2009-03-10 | 08-10287 | USA V. ANDREW COLSON | precedential | opinion |

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
 UNITED STATES OF AMERICA, No. 08-10287
Plaintiff-Appellee, D.C. No.
v.  2:03-CR-00559-RCJ
ANDREW COLSON, ORDER
Defendant-Appellant. 
Appeal from the United States District Court
for the District of Nevada
Robert C. Jones, District Judge, Presiding
Submitted February 23, 2009*
Filed March 10, 2009
Before: Alex Kozinski, Chief Judge, Michael Daly Hawkins
and Ronald M. Gould, Circuit Judges.
COUNSEL
Franny A. Forsman, Federal Public Defender, Jason F. Carr,
Assistant Federal Public Defender, Las Vegas, Nevada, for
the appellant.
Gregory A. Browner, United States Attorney, Peter S. Levitt,
Assistant United States Attorney, Las Vegas, Nevada, for the
appellee.
*The panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
2987

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ORDER
Andrew Colson (“Colson”) appeals from the district court’s
decision regarding a discretionary reduction of sentence under
18 U.S.C. § 3582(c)(2). Colson acknowledges that the district
court’s decision is not reviewable under United States v.
Lowe, 136 F.3d 1231, 1233 (9th Cir. 1998), but argues that
Lowe is no longer good law in light of United States v. Carty,
520 F.3d 984 (9th Cir. 2008) (en banc).
We find no conflict between Carty and Lowe, and we
affirm that Lowe remains binding. Accordingly, the govern-
ment’s motion to dismiss for lack of jurisdiction is granted.
DISMISSED.
2988 UNITED STATES v. COLSON

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