USA V. RAUL AMEZCUA, No. 15-10480 (9th Cir. 2016)
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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED NOV 1 2016 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. U.S. COURT OF APPEALS No. 15-10480 D.C. No. 1:93-cr-05046-AWI MEMORANDUM* RAUL AMEZCUA, Defendant-Appellant. Appeal from the United States District Court for the Eastern District of California Anthony W. Ishii, District Judge, Presiding Submitted October 25, 2016** Before: LEAVY, GRABER, and CHRISTEN, Circuit Judges. Raul Amezcua appeals 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. Amezcua 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). The district court correctly concluded that Amezcua is ineligible for a sentence reduction because Amendment 782 did not lower his applicable sentencing range. See 18 U.S.C. § 3582(c)(2); Leniear, 574 F.3d at 673-74. Because the district court lacked authority to reduce Amezcua’s sentence, it had no cause to consider the 18 U.S.C. § 3553(a) factors. See Dillon v. United States, 560 U.S. 817, 826-27 (2010). Moreover, contrary to Amezcua’s contention, Booker did not give the court authority to lower Amezcua’s sentence. See Dillon, 560 U.S. at 828 (proceedings under section 3582(c)(2) “do not implicate the interests identified in Booker”). Finally, Amezcua’s challenge to the form of methamphetamine involved in his offense is not cognizable in a section 3582(c)(2) proceeding. See id. at 826 (section 3582(c)(2) does not authorize a “plenary resentencing proceeding”). AFFIRMED. 2 15-10480
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