USA V. RODRIGO SANCHEZ-SOTO, No. 16-50370 (9th Cir. 2017)

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FILED NOT FOR PUBLICATION DEC 21 2017 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. U.S. COURT OF APPEALS 16-50370 D.C. No. 3:11-cr-01926-H v. MEMORANDUM * RODRIGO COLMENARES Y SANCHEZSOTO, Defendant-Appellant. Appeal from the United States District Court for the Southern District of California Marilyn L. Huff, District Judge, Presiding Submitted December 18, 2017** Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges. Rodrigo Colmenares Y Sanchez-Soto 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. Sanchez-Soto contends that he is entitled to a sentence reduction under * 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). 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). Given the quantity of drugs involved in Sanchez-Soto’s offense, Amendment 782 did not lower his sentencing range. See U.S.S.G. § 2D1.1(c)(1) (2014). Therefore, a reduction is not authorized under section 3582(c)(2). See U.S.S.G. § 1B1.10(a)(2)(B) (2014); United States v. Mercado-Moreno, 869 F.3d 942, 948-49 (9th Cir. 2017). AFFIRMED. 2 16-50370

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