FILED
NOT FOR PUBLICATION OCT 20 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-50509
Plaintiff - Appellee, D.C. No. 2:08-cr-00571-CAS
v.
MEMORANDUM*
RANDY MITCHELL, a.k.a. Frog,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Christina A. Snyder, District Judge, Presiding
Submitted October 14, 2014**
Before: LEAVY, GOULD, and BERZON, Circuit Judges.
Randy Mitchell 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
modify a sentence under section 3582(c)(2), see United States v. Pleasant, 704
*
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).
F.3d 808, 810 (9th Cir.), cert. denied, 134 S. Ct. 824 (2013), and we affirm.
Mitchell contends that he is eligible for a sentence reduction under
Amendment 750 to the Sentencing Guidelines. This contention fails because
Mitchell was sentenced as a Career Offender under U.S.S.G. § 4B1.1. Thus, his
sentence was not “based on” a Guidelines range that was lowered by the
amendment. See 18 U.S.C. § 3582(c)(2); United States v. Charles, 749 F.3d 767,
770-71 (9th Cir. 2014). Morever, a sentence reduction would not be consistent
with U.S.S.G. § 1B1.10(a)(1), the applicable policy statement, because the
applicable Guidelines here are the Career Offender Guidelines. See 18 U.S.C.
§ 3582(c)(2); Pleasant, 704 F.3d at 811-12. This is true even though the district
court varied downward from the Career Offender range at sentencing. See
Pleasant, 704 F.3d at 812. Mitchell’s contention that the district court erred when
it determined at sentencing that he was a Career Offender is not cognizable in a
section 3582(c)(2) proceeding. See United States v. Waters, 648 F.3d 1114, 1118
(9th Cir. 2011).
AFFIRMED.
2 13-50509