USA V. ESTANISLAO PULIDO, No. 15-10569 (9th Cir. 2016)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS NOV 01 2016 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. 15-10569 D.C. No. 1:04-CR-05327-AWI v. MEMORANDUM* ESTANISLAO PULIDO, 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. Estanislao Pulido 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 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). Pulido 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). Pulido’s 120-month sentence reflects the mandatory minimum for his offense. See 21 U.S.C. § 841(b)(1)(A). The mandatory minimum applies in section 3582(c)(2) proceedings. See United States v. Sykes, 658 F.3d 1140, 1147-48 (9th Cir. 2011). Therefore, the district court correctly concluded that it had no authority to reduce Pulido’s sentence below 120 months. See id. at 1148. Pulido’s claim that the government breached the plea agreement is not cognizable in this proceeding. See Dillon v. United States, 560 U.S. 817, 826 (2010) (section 3582(c)(2) does not permit a “plenary resentencing proceeding”). AFFIRMED. 2 15-10569

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