USA V. ALVAR TOLEDO, No. 16-16185 (9th Cir. 2017)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED JUL 17 2017 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, U.S. COURT OF APPEALS No. 16-16185 D.C. Nos. 1:12-cr-00642-LEK 1:15-cv-00042-LEK v. ALVAR GANTE TOLEDO, MEMORANDUM* Defendant-Appellant. Appeal from the United States District Court for the District of Hawaii Leslie E. Kobayashi, District Judge, Presiding Submitted July 11, 2017** Before: CANBY, KOZINSKI, and HAWKINS, Circuit Judges. Alvar Gante Toledo appeals from the district court’s order granting in part 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. The district court reduced Toledo’s sentence to 108 months, the bottom of * 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). the amended guideline range. This was the lowest sentence the court could impose. See U.S.S.G. § 1B1.10(b)(2)(A). Toledo’s claim that he was eligible for a further reduction fails because he does not meet the requirements of U.S.S.G. § 1B1.10(b)(2)(B). See U.S.S.G. § 1B1.10 cmt. n.3; United States v. Finazzo, 841 F.3d 816, 818-19 (9th Cir. 2016). AFFIRMED. 2 16-16185

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