NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 21 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-50370
Plaintiff-Appellee, D.C. No. 3:11-cr-01926-H
v.
MEMORANDUM *
RODRIGO COLMENARES Y SANCHEZ-
SOTO,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of California
Marilyn L. Huff, District Judge, Presiding
Submitted December 18, 2017**
Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges.
Rodrigo Colmenares Y Sanchez-Soto 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.
Sanchez-Soto 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). Given the quantity of
drugs involved in Sanchez-Soto’s offense, Amendment 782 did not lower his
sentencing range. See U.S.S.G. § 2D1.1(c)(1) (2014). Therefore, a reduction is
not authorized under section 3582(c)(2). See U.S.S.G. § 1B1.10(a)(2)(B) (2014);
United States v. Mercado-Moreno, 869 F.3d 942, 948-49 (9th Cir. 2017).
AFFIRMED.
2 16-50370