United States v. Dwayne Falconer ( 2010 )


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  •                                                                           FILED
    NOT FOR PUBLICATION                            DEC 27 2010
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                     U .S. C O U R T O F AP PE ALS
    FOR THE NINTH CIRCUIT
    UNITED STATES OF AMERICA,                        No. 09-55165
    Plaintiff-Appellee,               D.C. No. 2:92-cr-00749-SVW
    v.
    MEMORANDUM *
    DWAYNE ALLEN FALCONER,
    Defendant - Appellant.
    Appeal from the United States District Court
    for the Central District of California
    Stephen V. Wilson, District Judge, Presiding
    Submitted December 14, 2010 **
    Before:        GOODWIN, WALLACE, and W. FLETCHER, Circuit Judges.
    Dwayne Allen Falconer appeals pro se from the district court’s order
    denying his 
    18 U.S.C. § 3582
    (c)(2) motion for a reduced sentence. We have
    jurisdiction under 
    28 U.S.C. § 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 concludes this case is suitable for decision
    without oral argument. See Fed. R. App. P. 34(a)(2).
    Falconer contends that he is entitled to a reduced sentence in light of the
    crack-cocaine amendments to the U.S. Sentencing Guidelines. Falconer’s
    contention fails because he was previously sentenced as a career offender under
    U.S.S.G. § 4B1.1, and was thus not sentenced “based on a sentencing range that
    has subsequently been lowered by the Sentencing Commission,” as required by
    
    18 U.S.C. § 3582
    (c)(2). See United States v. Wesson, 
    583 F.3d 728
    , 730-32 (9th
    Cir. 2009).
    AFFIRMED.
    2                                    09-55165
    

Document Info

Docket Number: 09-55165

Filed Date: 12/27/2010

Precedential Status: Non-Precedential

Modified Date: 4/18/2021