United States v. Alvar Toledo , 693 F. App'x 701 ( 2017 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 17 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-16185
Plaintiff-Appellee, D.C. Nos. 1:12-cr-00642-LEK
1:15-cv-00042-LEK
v.
ALVAR GANTE TOLEDO, MEMORANDUM*
Defendant-Appellant.
Appeal from the United States District Court
for the District of Hawaii
Leslie E. Kobayashi, District Judge, Presiding
Submitted July 11, 2017**
Before: CANBY, KOZINSKI, and HAWKINS, Circuit Judges.
Alvar Gante Toledo appeals from the district court’s order granting in part
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.
The district court reduced Toledo’s sentence to 108 months, the bottom of
*
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).
the amended guideline range. This was the lowest sentence the court could
impose. See U.S.S.G. § 1B1.10(b)(2)(A). Toledo’s claim that he was eligible for a
further reduction fails because he does not meet the requirements of U.S.S.G.
§ 1B1.10(b)(2)(B). See U.S.S.G. § 1B1.10 cmt. n.3; United States v. Finazzo, 841
F.3d 816, 818-19 (9th Cir. 2016).
AFFIRMED.
2 16-16185