USA V. RAUL CHAVEZ, No. 15-10102 (9th Cir. 2015)

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FILED DEC 15 2015 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 15-10102 D.C. No. 1:99-cr-05060-AWI v. MEMORANDUM* RAUL CHAVEZ, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of California Anthony W. Ishii, District Judge, Presiding Submitted December 9, 2015** Before: WALLACE, RAWLINSON, and IKUTA, Circuit Judges. Raul Chavez 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 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). Chavez 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). Contrary to Chavez’s contention, Amendment 782 did not lower his offense level calculation under U.S.S.G. § 2D1.1(c). See U.S.S.G. app. C, amend. 782 (Supp. 2014). Thus, the district court lacked authority to reduce his sentence. See 18 U.S.C. § 3582(c)(2); Leniear, 574 F.3d at 674. AFFIRMED. 2 15-10102

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