USA v. Alex Contrera, No. 08-30213 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS SEP 07 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 08-30213 D.C. No. 3:01-cr-00151-JWS v. MEMORANDUM * ALEX CONTRERAS, Defendant - Appellant. Appeal from the United States District Court for the District of Alaska John W. Sedwick, District Judge, Presiding Submitted August 23, 2010 ** Before: LEAVY, HAWKINS, and THOMAS, Circuit Judges. Alex Contreras appeals from the district court s order granting his 18 U.S.C. § 3582(c)(2) motion for sentence reduction. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Contreras contends that the district court erred when it failed to hold a * 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). resentencing hearing governed by United States v. Booker, 543 U.S. 220 (2005), when ruling on his § 3582(c)(2) motion. This contention is foreclosed. See Dillon v. United States, 130 S. Ct. 2683, 2690-92 (2010); Fed. R. Crim. P. 43(b)(4). Contreras also contends that the district court erred by failing to correct a mistake in his original sentence when ruling on the § 3582(c)(2) motion. As a general rule, this court does not consider an issue raised for the first time on appeal. See United States v. Robinson, 20 F.3d 1030, 1032 (9th Cir. 1994). AFFIRMED. 2 08-30213

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