FILED
NOT FOR PUBLICATION DEC 19 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-50448
Plaintiff-Appellee, D.C. No. 3:05-cr-00200-BEN
v.
MEMORANDUM*
CHRISTOPHER WRIGHT,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted December 14, 2016**
Before: WALLACE, LEAVY, and FISHER, Circuit Judges.
Christopher Wright 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 for abuse of discretion, see United
States v. Dunn, 728 F.3d 1151, 1155 (9th Cir. 2013), and we affirm.
*
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).
Wright contends that the district court abused its discretion by failing to
calculate the amended Guidelines range, by failing to fully consider the 18 U.S.C.
§ 3553(a) factors, and by declining to reduce his sentence under Amendment 782
to the Sentencing Guidelines. The record reflects that the court determined that it
had discretion to reduce Wright’s sentence because he was sentenced based on a
Guidelines range that was subsequently lowered. The court then considered the
section 3553(a) factors, and based on those factors, declined to exercise its
discretion to lower Wright’s sentence. While Wright contends the court failed to
consider his post-sentencing rehabilitation, Wright never presented evidence of
such rehabilitation to the district court. Contrary to Wright’s contentions, the court
satisfied its procedural obligations. See United States v. Lightfoot, 626 F.3d 1092,
1096 (9th Cir. 2010). Moreover, in light of Wright’s criminal history, the district
court did not abuse its discretion in denying Wright’s motion. See id. at 1095-96.
AFFIRMED.
2 15-50448