FILED
NOT FOR PUBLICATION JAN 24 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-50112
Plaintiff - Appellee, D.C. No. 2:94-cr-00628-CBM
v.
MEMORANDUM*
ANTHONY HENRY, a.k.a. Chris Gadlin,
a.k.a. Rickie Grant, a.k.a. Hippo,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Consuelo B. Marshall, District Judge, Presiding
Submitted January 21, 2014**
Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges.
Anthony Henry 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. We review de novo whether a district court has authority to
*
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).
modify a sentence under section 3582, see United States v. Wesson, 583 F.3d 728,
730 (9th Cir. 2009), and we affirm.
Henry contends that he is eligible for a sentence reduction under
Amendment 750, which amended the drug quantity table in U.S.S.G. § 2D1.1 for
offenses involving crack cocaine. However, Henry was sentenced as a career
offender pursuant to U.S.S.G. § 4B1.1. Therefore, his sentence was not based on a
Guidelines range that has been lowered, and the district court lacked authority to
modify his sentence. See 18 U.S.C. § 3582(c)(2); Wesson, 583 F.3d at 731-32.
Because Henry cannot satisfy the first prong of section 3582(c)(2), we need
not consider his remaining claims, including his ex post facto challenge to
U.S.S.G. § 1B1.10 and his eligibility for a sentence modification under the second
prong of section 3582(c)(2).
AFFIRMED.
2 13-50112