FILED
NOT FOR PUBLICATION JAN 25 2017
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-30007
Plaintiff-Appellee, D.C. No. 4:12-cr-00051-BMM
v.
MEMORANDUM*
LOUIS JAMES ROMERO,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Montana
Sam E. Haddon, District Judge, Presiding
Submitted January 18, 2017**
Before: TROTT, TASHIMA, and CALLAHAN, Circuit Judges.
Louis James Romero 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.
*
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). Romero’s request for oral
argument is denied.
Romero contends that he is entitled to a sentence reduction under
Amendment 782 to the Sentencing Guidelines. We review de novo whether a
district court has authority to modify a sentence under section 3582(c)(2). See
United States v. Wesson, 583 F.3d 728, 730 (9th Cir. 2009). Because Romero was
sentenced as a career offender under U.S.S.G. § 4B1.1, the district court correctly
determined that he is not eligible for a sentence reduction. See id.
Contrary to Romero’s argument, the district court adequately explained its
determination and it had no cause to consider the 18 U.S.C. § 3553(a) sentencing
factors. See Dillon v. United States, 560 U.S. 817, 827 (2010) (only if defendant is
eligible for a sentence reduction does the district court proceed to the step of
considering the section 3553(a) sentencing factors). Romero’s arguments that he
should not have been sentenced as a career offender and that the district court
violated double jeopardy when it enhanced his sentence based on a prior conviction
are not cognizable in section 3582(c)(2) proceedings. See Dillon, 560 U.S. at 831.
AFFIRMED.
2 16-30007