NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAY 17 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 17-10431
Plaintiff-Appellee, D.C. No. 4:91-cr-00446-FRZ
v.
MEMORANDUM*
FELIPE DE JESUS CORONA-VERBERA,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Arizona
Frank R. Zapata, District Judge, Presiding
Submitted May 15, 2018**
Before: SILVERMAN, BEA, and WATFORD, Circuit Judges.
Felipe de Jesus Corona-Verbera 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.
Corona-Verbera contends that he is eligible for 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). Corona-Verbera was
convicted of offenses involving approximately 924 kilograms of cocaine. Even
after Amendment 782, the base offense level for that drug amount is 38. See
U.S.S.G. § 2D1.1(c)(1) (2014). Because Amendment 782 did not lower Corona-
Verbera’s applicable guideline range, the district court correctly concluded that he
is ineligible for a sentence reduction. See 18 U.S.C. § 3582(c)(2); U.S.S.G.
§ 1B1.10(a)(2)(B); Leniear, 574 F.3d at 673-74. Contrary to Corona-Verbera’s
contention, once the district court determined his ineligibility, it was not required
to consider the sentencing factors under 18 U.S.C. § 3553(a) before denying his
section 3582(c)(2) motion. See Dillon v. United States, 560 U.S. 817, 826 (2010)
(the court first must determine that a sentence reduction under section 3582 is
consistent with section 1B1.10 before it may consider whether the authorized
reduction is warranted under the section 3553(a) factors).
AFFIRMED.
2 17-10431