United States v. Alfredo Lopez ( 2016 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 1 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-10423
Plaintiff-Appellee, D.C. No. 4:11-cr-00337-JGZ
v.
MEMORANDUM*
ALFREDO LOPEZ,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Arizona
Jennifer G. Zipps, District Judge, Presiding
Submitted July 26, 2016**
Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.
Alfredo Lopez 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. We review de novo whether a district court
has authority to modify a sentence under section 3582(c)(2), see United States v.
*
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).
Leniear, 574 F.3d 668, 672 (9th Cir. 2009), and we affirm.
Lopez contends that he is entitled to a sentence reduction under Amendment
782 to the Sentencing Guidelines. Contrary to Lopez’s contention, the district
court properly calculated his amended guideline range as 51 to 63 months without
considering the two-level fast-track departure that the court granted at his original
sentencing. See U.S.S.G. § 1B1.10 cmt. n.1(A); United States v. Ornelas, No. 15-
10522, 2016 WL 3126272, at *5 (9th Cir. June 3, 2016); see also United States v.
Rosales-Gonzales, 801 F.3d 1177, 1180-83 (9th Cir. 2015) (fast-track reduction is
discretionary departure under the Guidelines). Because Lopez received a sentence
of 51 months, the district court correctly concluded that Lopez is ineligible for a
sentence reduction. See U.S.S.G. § 1B1.10(b)(2)(A) (“[T]he court shall not
reduce the defendant’s term of imprisonment under 18 U.S.C.
§ 3582(c)(2) and this policy statement to a term that is less than the minimum of
the amended guideline range.”).
AFFIRMED.
2 15-10423