United States v. Quintin Stephen

FILED
NOT FOR PUBLICATION SEP 29 2010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. 09-50147
Plaintiff - Appellee, D.C. No. 2:94-cr-00254-SGL
v.
MEMORANDUM *
QUINTIN STEPHEN,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Stephen G. Larson, District Judge, Presiding
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Quintin Stephen appeals from the district court’s order denying his motion
under 18 U.S.C. § 3582(c)(2) for a reduced 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).
Stephen contends that the district court erred by failing to reduce his
sentence in light of Amendment 706 to the United States Sentencing Guidelines.
Because the record reflects that Stephen’s original sentence was not “based on a
sentencing range that has subsequently been lowered by the Sentencing
Commission,” the district court did not err. See Dillon v. United States, 130 S. Ct.
2683, 2690-91 (2010). Stephen’s contention that the district court was entitled to
treat the corresponding base offense levels and drug quantities in the Guidelines as
advisory in light of Booker is foreclosed. See id. at 2690-92.
AFFIRMED.
2 09-50147