United States of America, Plaintiff-appellee, v. Dwayne Edward Bradley, Defendant-appellant, 124 F.3d 213 (1997)

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U.S. Court of Appeals for the Ninth Circuit - 124 F.3d 213 (1997)

Submitted Sept. 8, 1997.**Sept. 12, 1997


Appeal from the United States District Court for the District of Oregon Michael R. Hogan, Chief District Judge, Presiding

Before: HALL, BRUNETTI, and THOMAS, Circuit Judges.

1

MEMORANDUM*

2

Federal prisoner Dwayne Edward Bradley appeals pro se the denial of his 18 U.S.C. § 3582(c)(2) motion for reduction of the 195-month sentence imposed after his conviction by jury trial for firearm possession, in violation of 18 U.S.C. §§ 922(g)(1) and 924(e).

3

Bradley contends that he was entitled to a reduction of his sentence because he was sentenced as a career offender pursuant to U.S.S.G. §§ 4B1.1 and that therefore he is entitled to the benefit of the retroactive amendment to that section. Bradley's contention fails because the presentence report and the court's findings of fact indicate that Bradley was sentenced as an armed career criminal pursuant to U.S.S.G. § 4B1.4(b)(3)(B), not as a "career offender" under U.S.S.G. § 4B1.4(b)(2). Thus, Bradley's criminal history category of VI was due to his eight violent felony convictions or 19 criminal history points rather than the court's application of the career offender provision of U.S.S.G. § 4B1.4(b)(2). He therefore is not entitled to the benefit of the retroactive amendment applicable to U.S.S.G. § 4B1.1.

4

AFFIRMED.