FILED
NOT FOR PUBLICATION AUG 01 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-10208
Plaintiff - Appellee, D.C. No. 1:03-cr-05453-LJO
v.
MEMORANDUM*
EDISON SHINO,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of California
Lawrence J. O’Neill, Chief Judge, Presiding
Submitted July 26, 2016**
Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.
Edison Shino 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, 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).
Shino contends that he is entitled to a sentence reduction under Amendment
782 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.
Waters, 771 F.3d 679, 680 (9th Cir. 2014). As the district court correctly
concluded, even assuming that Amendment 782 reduced Shino’s Guidelines range
to 210-262 months, Shino is ineligible for a sentence reduction because his
sentence is already below the minimum of that range. See U.S.S.G.
§ 1B1.10(b)(2)(A) (“[T]he court shall not reduce the defendant’s term of
imprisonment under 18 U.S.C. § 3582(c)(2) and this policy statement to a term that
is less than the minimum of the amended guideline range.”). Moreover, as Shino
acknowledges, his argument that applying section 1B1.10(b)(2)(A) to his case
violates the Ex Post Facto Clause is foreclosed by our decision in Waters. See
Waters, 771 F.3d at 681.
We decline to consider Shino’s argument, raised for the first time in his
reply brief, that Waters is distinguishable. See Padgett v. Wright, 587 F.3d 983,
985 n.2 (9th Cir. 2009).
AFFIRMED.
2 15-10208