United States v. Chad Noziska , 696 F. App'x 253 ( 2017 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 17 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-30114
Plaintiff-Appellee, D.C. No. 2:11-cr-00022-DWM
v.
MEMORANDUM*
CHAD EDWARD NOZISKA,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Montana
Donald W. Molloy, District Judge, Presiding
Submitted August 9, 2017*
Before: SCHROEDER, TASHIMA, and M. SMITH, Circuit Judges.
Chad Edward Noziska appeals 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, and we affirm.
Noziska contends that he is entitled to a sentence reduction under
*
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).
Amendment 782 to the Sentencing Guidelines. We review de novo whether a
district court had authority to modify a sentence under section 3582(c)(2). See
United States v. Leniear, 574 F.3d 668, 672 (9th Cir. 2009). The record makes
clear that the district court imposed Noziska’s sentence for reasons unrelated to the
guideline range lowered by Amendment 782. Noziska is, therefore, ineligible for a
sentence reduction because his sentence was not “based on a sentencing range that
has subsequently been lowered by the Sentencing Commission.” 18 U.S.C.
§ 3582(c)(2); United States v. Rodriguez-Soriano, 855 F.3d 1040, 1045-46 (9th
Cir. 2017).
AFFIRMED.
2 15-30114