USA V. JACK VOSE, No. 15-10120 (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FILED DEC 15 2015 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 15-10120 D.C. No. 4:09-cr-00734-CKJ v. MEMORANDUM* JACK MARTIN VOSE, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Cindy K. Jorgenson, District Judge, Presiding Submitted December 9, 2015** Before: WALLACE, RAWLINSON, and IKUTA, Circuit Judges. Jack Martin Vose 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). Vose 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. Paulk, 569 F.3d 1094, 1095 (9th Cir. 2009) (per curiam). Vose is not entitled to a sentence reduction because his sentence was not “based on a sentencing range that has subsequently been lowered by the Sentencing Commission.” 18 U.S.C. § 3582(c)(2). Rather, his sentence was based on the statutory mandatory minimum under 21 U.S.C. § 841(b)(1)(B)(vii). The district court properly denied relief.1 See Paulk, 569 F.3d at 1095-96. Vose’s additional claims do not support relief under section 3582(c)(2). See Dillon v. United States, 560 U.S. 817, 826 (2010) (section 3582(c) does not permit a “plenary resentencing hearing”). AFFIRMED. 1 Vose’s contention that he was not subject to the enhanced mandatory minimum because the judgment does not cite 21 U.S.C. § 851(a) is unavailing. The mandatory minimum is set forth in 21 U.S.C. § 841(b)(1)(B)(vii). 2 15-10120