FILED
NOT FOR PUBLICATION FEB 29 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-30164
Plaintiff - Appellee, D.C. No. 6:13-cr-00007-SEH
v.
MEMORANDUM*
JAMES STANLEY HATLEY,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Sam E. Haddon, District Judge, Presiding
Submitted February 24, 2016**
Before: LEAVY, FERNANDEZ, and RAWLINSON, Circuit Judges.
James Stanley Hatley 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 the denial of a section 3582(c)(2)
*
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). Hatley’s request for oral
argument is denied.
motion for abuse of discretion, see United States v. Dunn, 728 F.3d 1151, 1155
(9th Cir. 2013), and we affirm.
Hatley contends that the district court abused its discretion by declining to
reduce his sentence based on the substantial assistance he previously provided and
his post-sentencing rehabilitative efforts. We disagree. The court understood that
the Guidelines range had been lowered, but concluded that the original 60-month
sentence, which was below even the recalculated range, was warranted in light of
the 18 U.S.C. § 3553(a) factors. See id. at 1158-60. Contrary to Hatley’s
suggestion, the Guidelines did not require the court to grant a reduction
comparable to the reduction that it originally granted. See U.S.S.G.
§ 1B1.10(b)(2)(B) & cmt. n.3.
AFFIRMED.
2 15-30164