USA v. Felipe Almanza, No. 09-10036 (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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS SEP 07 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff -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. 09-10036 D.C. No. 2:92-cr-00277-DAE v. MEMORANDUM * FELIPE ALMANZA, Defendant - Appellant. Appeal from the United States District Court for the District of Nevada David A. Ezra, District Judge, Presiding Submitted August 23, 2010 ** Before: LEAVY, HAWKINS, and THOMAS, Circuit Judges. Felipe Almanza 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. Almanza contends that the district court erred by imposing a substantively * 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). unreasonable sentence, failing to consider all the 18 U.S.C. § 3553(a) factors to impose an individualized sentence, and treating the Sentencing Guidelines as mandatory. These contentions are foreclosed. See Dillon v. United States, 130 S. Ct. 2683, 2691-93 (2010). AFFIRMED. 2 09-10036

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