NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 1 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-10503
Plaintiff-Appellee, D.C. No. 4:08-cr-00461-PJH
v.
MEMORANDUM*
PENG XIANG LI, a.k.a. Sgt. Stephen,
Defendant-Appellant.
Appeal from the United States District Court
for the Northern District of California
Phyllis J. Hamilton, Chief Judge, Presiding
Submitted July 26, 2016**
Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.
Peng Xiang Li 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, and we affirm.
Li contends that he is entitled to a sentence reduction under Amendment 782
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
to the Sentencing Guidelines. We review de novo whether a district court had
authority to modify a sentence under section 3582(c)(2). See United States v.
Paulk, 569 F.3d 1094, 1095 (9th Cir. 2009). Li is not entitled to a sentence
reduction because his sentence was not “based on a sentencing range that has
subsequently been lowered by the Sentencing Commission.” 18 U.S.C.
§ 3582(c)(2). Rather, his sentence was based on the statutory mandatory
minimum under 21 U.S.C. § 841(b)(1)(A)(vii). Accordingly, the district court
properly denied relief. See U.S.S.G. § 1B1.10 cmt. n.1(A); Paulk, 569 F.3d at
1095.
AFFIRMED.
2 15-10503