USA v. Ricardo Cruzagosto, No. 08-30474 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS OCT 12 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff -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. 08-30474 D.C. No. 3:02-cr-00100-HRH v. MEMORANDUM * RICARDO CRUZAGOSTO, Defendant - Appellant. Appeal from the United States District Court for the District of Alaska H. Russel Holland, Senior District Judge, Presiding Submitted September 13, 2010 ** Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges. Ricardo Cruzagosto appeals from the district court s order denying his 18 U.S.C. § 3582(c)(2) motion for sentence reduction. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Cruzagosto contends that the district court erred when it failed to lower his * 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). sentence pursuant to 18 U.S.C. § 3582(c)(2) following the United States Sentencing Commission s adoption of Amendment 706. We affirm in light of Dillon v. United States, 130 S. Ct. 2683 (2010). AFFIRMED. 2 08-30474

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