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NOT FOR PUBLICATION JAN 25 2017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. 15-50470
Plaintiff-Appellee, D.C. No. 3:05-cr-00199-BEN
v.
MEMORANDUM*
FRANCISCO JAVIER GARCIA,
a.k.a. Beaver,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted January 18, 2017**
Before: TROTT, TASHIMA, and CALLAHAN, Circuit Judges.
Francisco Javier Garcia 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).
Garcia contends that the district court abused its discretion by denying his
motion for a sentence reduction under Amendment 782 to the Sentencing
Guidelines. The district court acted within its discretion when it denied Garcia a
sentence reduction based on its determination that a reduction would pose a serious
threat to the public in light of his significant criminal history and the circumstances
of the offense. See U.S.S.G. § 1B1.10 cmt. n.1(B); United States v. Lightfoot, 626
F.3d 1092, 1096 (9th Cir. 2010). Moreover, contrary to Garcia’s contention, the
district court considered the 18 U.S.C. § 3553(a) sentencing factors, did not rely on
any clearly erroneous facts, and thoroughly explained its determination that a
reduction was unwarranted. See United States v. Trujillo, 713 F.3d 1003, 1009
(9th Cir. 2013).
AFFIRMED.
2 15-50470