FILED
NOT FOR PUBLICATION DEC 30 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 12-10473
Plaintiff - Appellee, D.C. No. 3:08-cr-00091-JSW
v.
MEMORANDUM*
JUAN MANUEL PENA-ANGUIANO,
Defendant - Appellant.
Appeal from the United States District Court
for the Northern District of California
Jeffrey S. White, District Judge, Presiding
Submitted December 17, 2013**
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
Juan Manuel Pena-Anguiano appeals pro se from the district court’s order
denying his pro se motion for a sentence reduction under 18 U.S.C. § 3582(c). We
have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Pena-Anguiano contends that the district court erred by failing to grant his
*
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).
request for a sentence reduction, arguing that he should have received a Guidelines
departure under U.S.S.G. § 5K3.1. The government contends that this appeal
should be dismissed based on an appeal waiver. We decline to enforce the waiver
and instead affirm on the merits. The district court did not err in denying Pena-
Anguiano’s request for a sentence reduction because he failed to state a valid legal
basis for reducing his sentence. See 18 U.S.C. § 3582(c).
AFFIRMED.
2 12-10473