United States v. Nai Ching Saelee , 383 F. App'x 656 ( 2010 )


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  •                                                                            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    NOT FOR PUBLICATION                             JUN 11 2010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. 08-30331
    Plaintiff - Appellee,             D.C. No. 3:04-CR-00125-RRB
    v.
    MEMORANDUM *
    NAI CHING SAELEE,
    Defendant - Appellant.
    Appeal from the United States District Court
    for the District of Alaska
    Ralph R. Beistline, Chief District Judge, Presiding
    Submitted May 25, 2010 **
    Before:        CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
    Nai Ching Saelee 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).
    Saelee 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 Saelee’s sentence, as his sentence was premised upon
    the career offender provision of U.S.S.G. § 4B1.1. Thus, Saelee’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.
    2
    

Document Info

Docket Number: 08-30331

Citation Numbers: 383 F. App'x 656

Judges: Canby, Thomas, Fletcher

Filed Date: 6/11/2010

Precedential Status: Non-Precedential

Modified Date: 11/5/2024