USA V. JAY KENT, No. 12-10507 (9th Cir. 2013)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS OCT 10 2013 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 12-10507 D.C. No. 3:08-CR-00890-MMC-2 v. MEMORANDUM* JAY KENT, Defendant - Appellant. Appeal from the United States District Court for the Northern District of California Maxine M. Chesney, Senior District Judge, Presiding Submitted October 7, 2013** San Francisco, California Before: D.W. NELSON, M. SMITH, and IKUTA, Circuit Judges. Jay Kent appeals the denial of his motion for reduction in sentence brought under 18 U.S.C. § 3582(c)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a), and we affirm. * 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). Assuming, without deciding, that Kent s motion for reduction in sentence did not violate his plea agreement, our holding in United States v. Augustine, 712 F.3d 1290 (9th Cir. 2013), forecloses Kent s arguments that the Fair Sentencing Act s mandatory minimums should apply retroactively to defendants sentenced before the Act was enacted. The district court did not abuse its discretion in denying Kent s § 3582(c)(2) motion. AFFIRMED. 2

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