United States of America, Plaintiff-appellee, v. Manuel Guerra Gamboa, Defendant-appellant, 142 F.3d 446 (9th Cir. 1998)
Annotate this CaseAppeal from the United States District Court for the Southern District of California, Leland C. Nielsen, District Judge, Presiding.
Before BRUNETTI, RYMER, and T.G. NELSON, Circuit Judges.
MEMORANDUM*
Manuel Guerra Gamboa appeals pro se the district court's denial of his motion to modify sentence pursuant to 28 U.S.C. § 3582(c) (2). Gamboa contends the district court abused its discretion in denying his motion to modify sentence by not stating the reasons for the denial and whether the district court considered the factors outlined in 28 U.S.C. § 3553(a). We do not have jurisdiction to review the district court's discretionary decision, and we dismiss the appeal. See United States v. Lowe, No. 96-50397, slip op. 1489, 1496 (9th Cir. Feb. 18, 1998) (18 U.S.C. § 3742 "does not authorize an appeal that challenges a district court's discretionary decision not to reduce a sentence under § [3582(c) (2) ]").
DISMISSED.
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