United States v. Jose Barrera , 383 F. App'x 628 ( 2010 )

FILED
NOT FOR PUBLICATION JUN 11 2010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. 09-50138
Plaintiff - Appellee, D.C. No. 2:99-cr-00012-MMM
v.
MEMORANDUM *
JOSE JUAN BARRERA,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Margaret M. Morrow, District Judge, Presiding
Submitted May 25, 2010 **
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Jose Juan Barrera appeals from the district court’s order denying his 18
U.S.C. § 3582(c)(2) motion for a reduction of his 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).
Barrera contends that Amendment 706 to the United States Sentencing
Guidelines, retroactively amending U.S.S.G. § 2D1.1 with respect to offenses
involving crack cocaine, authorizes the district court to resentence him. The
district court did not err by concluding that it lacked jurisdiction pursuant to
section 3582(c)(2) to modify Barrera’s sentence as his sentence was premised upon
the career offender provision of U.S.S.G. § 4B1.1. Thus, Barrera’s sentence is not
based on a sentencing range that has subsequently been lowered by the Sentencing
Commission, as required by section 3582(c)(2). See United States v. Leniear, 574
F.3d 668, 673 (9th Cir. 2009); see also United States v. Wesson, 583 F.3d 728, 731
(9th Cir. 2009).
AFFIRMED.
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