United States v. Ciji Kidd

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT MAR 02 2010
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
UNITED STATES OF AMERICA, No. 08-50299
Plaintiff - Appellee, D.C. No. 5:02-cr-00063-VAP
v.
MEMORANDUM *
CIJI KIDD,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Virginia A. Phillips, District Judge, Presiding
Submitted February 16, 2010 **
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Ciji Kidd appeals from the district court’s denial of her motion for a reduced
sentence pursuant to 18 U.S.C. § 3582(c)(2). 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).
NC/Research
Kidd contends that the district court erred by determining that it would not
reduce her sentence pursuant to Amendment 706 of the United States Sentencing
Guidelines. This contention fails because Kidd’s sentence was based on a statutory
minimum. See United States v. Paulk, 569 F.3d 1094, 1095 (9th Cir. 2009) (per
curiam). Kidd argues that the statutory mandatory minimum was inapplicable
because she never admitted as part of her guilty plea that her offense involved
crack cocaine. This contention fails, see id., and, in any event, is belied by the
record.
AFFIRMED.
NC/Research 2 08-50299