United States v. Darcy Thigpen , 363 F. App'x 489 ( 2010 )

FILED
NOT FOR PUBLICATION JAN 26 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 08-50502
Plaintiff - Appellee, D.C. No. 2:92-cr-00749-SVW
v.
MEMORANDUM *
DARCY IRA THIGPEN, AKA Little Dee,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Stephen V. Wilson, District Judge, Presiding
Submitted January 11, 2010 **
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
Darcy Ira Thigpen appeals from the district court’s order denying his motion
for a sentence reduction under 18 U.S.C. § 3582(c)(2) based on the retroactive
*
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).
EH/Research
application of Amendment 706 to the Sentence Guidelines provisions governing
crack cocaine. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Thigpen contends that the district court erred by denying his motion for a
sentence reduction under Amendment 706 because his sentence was based, in part,
on a sentencing range calculated under the Drug Quantity Table in U.S.S.G.
§ 2D1.1. This contention fails because Thigpen qualified as a career offender
under U.S.S.G. § 4B1.1. Because the district court sentenced Thigpen based on a
sentencing range calculated under § 4B1.1, he is not eligible for a sentence
reduction under Amendment 706. See United States v. Wesson, 583 F.3d 728, 731
(9th Cir. 2009).
AFFIRMED.
EH/Research 2 08-50502