USA V. JESSE HERRERA, No. 16-50162 (9th Cir. 2017)
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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED APR 24 2017 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, U.S. COURT OF APPEALS No. 16-50162 D.C. No. 2:14-cr-00155-JFW v. MEMORANDUM* JESSE EDGARDO HERRERA, a.k.a. Harald Herrera, a.k.a. Harold Herrera, a.k.a. Herald Herrera, a.k.a. Jesse B. Herrera, a.k.a. Jesse Edgar Herrera, a.k.a. Jessie Herrera, Defendant-Appellant. Appeal from the United States District Court for the Central District of California John F. Walter, District Judge, Presiding Submitted April 11, 2017** Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges. Jesse Edgardo Herrera 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 * 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). jurisdiction under 28 U.S.C. § 1291, and we affirm. Herrera’s plea agreement provided that, if he received the benefit of thenpending Amendment 782 at sentencing, he waived any right to file a later motion for a sentence reduction under that amendment. Contrary to Herrera’s contention, the record reflects that the sentencing court granted him the benefit of Amendment 782 by way of a two-level downward variance. Accordingly, the district court correctly concluded that Herrera had waived the right to pursue a further reduction. AFFIRMED. 2 16-50162
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