United States v. Chad Noziska

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 17 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 15-30114 Plaintiff-Appellee, D.C. No. 2:11-cr-00022-DWM v. MEMORANDUM* CHAD EDWARD NOZISKA, Defendant-Appellant. Appeal from the United States District Court for the District of Montana Donald W. Molloy, District Judge, Presiding Submitted August 9, 2017* Before: SCHROEDER, TASHIMA, and M. SMITH, Circuit Judges. Chad Edward Noziska 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. Noziska contends that he is entitled to a sentence reduction under * 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). 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. Leniear, 574 F.3d 668, 672 (9th Cir. 2009). The record makes clear that the district court imposed Noziska’s sentence for reasons unrelated to the guideline range lowered by Amendment 782. Noziska is, therefore, ineligible for 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); United States v. Rodriguez-Soriano, 855 F.3d 1040, 1045-46 (9th Cir. 2017). AFFIRMED. 2 15-30114