USA V. KHANG TRAN, No. 14-10572 (9th Cir. 2016)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED APR 29 2016 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, U.S. COURT OF APPEALS No. 14-10572 Plaintiff - Appellee, D.C. No. 1:95-cr-00151-DAE v. MEMORANDUM* KHANG KIEN TRAN, a.k.a. Charlie, a.k.a. Thanh, a.k.a. Tran, Defendant - Appellant. Appeal from the United States District Court for the District of Hawaii David A. Ezra, District Judge, Presiding Submitted April 26, 2016** Before: McKEOWN, WARDLAW, and PAEZ, Circuit Judges. Khang Kien Tran appeals pro se from the district court’s order denying his motion for a sentence reduction under 18 U.S.C. § 3582(c)(2). We have jurisdiction under 28 U.S.C. § 1291. We review de novo whether a district court * 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). has authority to modify a sentence under section 3582(c)(2), see United States v. Leniear, 574 F.3d 668, 672 (9th Cir. 2009), and we affirm. Tran contends that he is entitled to a sentence reduction under Amendment 782 to the Sentencing Guidelines. The district court properly concluded that Tran is ineligible for a sentence reduction because Amendment 782 has not lowered his applicable sentencing range. See 18 U.S.C. § 3582(c)(2); Leniear, 574 F.3d at 673-74. To the extent that Tran seeks to challenge the sentencing court’s original calculation of his Guidelines range, this claim is not cognizable in a section 3582 proceeding. See Dillon v. United States, 560 U.S. 817, 826 (2010) (section 3582(c) does not permit a “plenary resentencing proceeding”). AFFIRMED. 2 14-10572

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