USA V. ELIAS BARRERA-MEDINA, No. 16-10173 (9th Cir. 2016)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 19 2016 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. 16-10173 D.C. No. 2:02-cr-00213-MCE v. MEMORANDUM* ELIAS MIGUEL BARRERA-MEDINA, Defendant-Appellant. Appeal from the United States District Court for the Eastern District of California Morrison C. England, Jr., District Judge, Presiding Submitted December 14, 2016** Before: WALLACE, LEAVY, and FISHER, Circuit Judges. Elias Miguel Barrera-Medina 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, and we affirm. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Barrera-Medina contends that he is entitled to a sentence reduction under Amendment 782 to the Sentencing Guidelines. We review de novo whether a district court had authority to modify a sentence under section 3582(c)(2). See United States v. Leniear, 574 F.3d 668, 672 (9th Cir. 2009). The district court correctly concluded that Barrera-Medina is ineligible for a sentence reduction because Amendment 782 did not lower his applicable sentencing range. See 18 U.S.C. § 3582(c)(2); Leniear, 574 F.3d at 673-74. Barrera-Medina’s challenges to the sentencing court’s drug quantity calculations are not cognizable in a section 3582(c)(2) proceeding. See Dillon v. United States, 560 U.S. 817, 826 (2010) (section 3582(c)(2) authorizes “only a limited adjustment to an otherwise final sentence and not a plenary resentencing proceeding”). AFFIRMED. 2 16-10173

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