FILED
NOT FOR PUBLICATION JAN 26 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-50080
Plaintiff - Appellee, D.C. No. 2:03-cr-00460-RSWL
v.
MEMORANDUM *
ABRAHAM FERREL GUTIERREZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Ronald S.W. Lew, District Judge, Presiding
Submitted January 11, 2010 **
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
Abraham Ferrel Gutierrez appeals from the district court’s order denying his
18 U.S.C. § 3582(c)(2) motion for reduction of sentence. We have jurisdiction
pursuant to 28 U.S.C. § 1291, and we affirm.
*
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).
SZ/Research
Gutierrez contends that the district court erred when it denied his motion for
a sentence reduction, pursuant to 18 U.S.C. § 3582(c)(2). The district court
correctly determined that it did not have the authority to reduce Gutierrez’s
sentence because Amendment 706 did not affect the applicable sentencing range.
See 18 U.S.C. § 3582(c); see also United States v. Leniear, 574 F.3d 668, 674 (9th
Cir. 2009). We reject Gutierrez’s contention that application of § 3582(c)(2) to the
drug quantity in his case renders his Guidelines’ range mandatory.
AFFIRMED.
SZ/Research 2 09-50080