FILED
NOT FOR PUBLICATION JAN 28 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-10228
Plaintiff - Appellee, D.C. No. 3:09-cr-00046-LRH
v.
MEMORANDUM*
GILBERTO LOPEZ-MONJARAZ,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
Larry R. Hicks, District Judge, Presiding
Submitted January 20, 2016**
Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.
Gilberto Lopez-Monjaraz 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. We review de novo whether the district
court has authority to modify a sentence under section 3582(c)(2), see United
*
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).
States v. Leniear, 574 F.3d 668, 672 (9th Cir. 2009), and we affirm.
Lopez-Monjaraz argues that he is eligible for a sentence reduction under
Amendment 782 to the Sentencing Guidelines. The district court properly
concluded that Lopez-Monjaraz is ineligible for a sentence reduction because
Amendment 782 did not modify the applicable sentencing range. See 18 U.S.C. §
3582(c)(2); Leniear, 574 F.3d at 673. During the sentencing hearing, the court
found that Lopez-Monjaraz possessed with intent to distribute over five kilograms
of actual methamphetamine, and calculated the resulting base offense level as 38.
Amendment 782 did not lower the offense level for this quantity of actual
methamphetamine. See U.S.S.G. § 2D1.1(c)(1).
AFFIRMED.
2 15-10228