United States v. Kevin Freeman ( 2012 )

FILED
NOT FOR PUBLICATION MAR 20 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S . CO U RT OF AP PE A LS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 11-50139
Plaintiff - Appellee, DC No. 2:03-cr-0072 PA
v.
MEMORANDUM *
KEVIN FREEMAN,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Percy Anderson, District Judge, Presiding
Submitted March 6, 2012**
Before: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges.
Kevin Freeman appeals from the district court's order denying his
18 U.S.C. y 3582(c)(2) motion for reduction of sentence. We have jurisdiction
under 28 U.S.C. y 1291, and we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2)(C).
Freeman contends that the district court abused its discretion by declining to
reduce his sentence based on the retroactive amendments to the Sentencing
Guidelines that lowered penalties for cracµ cocaine offenses. The district court
acted within its discretion in denying Freeman a reduction in his sentence. See
U.S.S.G. y 1B1.10(b)(2)(B) (2010) ('If the original term of imprisonment
constituted a non-guideline sentence determined pursuant to 18 U.S.C. y 3553(a)
and United States v. Booµer, 543 U.S. 220 (2005), a further reduction generally
would not be appropriate.'); Dillon v. United States, 130 S. Ct. 2683,
2691-92 (2010).
AFFIRMED.
2 11-50139
FILED
United States v. Freeman, No. 11-50139 MAR 20 2012
MOLLY C. DWYER, CLERK
REINHARDT, Circuit Judge, dissenting: U.S . CO U RT OF AP PE A LS
I dissent.
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