FILED
NOT FOR PUBLICATION MAR 13 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 11-30121
Plaintiff - Appellee, D.C. No. 2:01-cr-00356-MJP
v.
MEMORANDUM *
BOBBY DARNELL GWINN,
Defendant - Appellant.
Appeal from the United States District Court
for the Western District of Washington
Marsha J. Pechman, Chief Judge, Presiding
Submitted March 6, 2012 **
Before: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges.
Bobby Darnell Gwinn appeals pro se from the district court’s order denying
his 18 U.S.C. § 3582(c)(2) motion for reduction of sentence. 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 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Gwinn contends that the district court abused its discretion by declining to
reduce his sentence based on the retroactive amendments to the Sentencing
Guidelines that lowered penalties for crack cocaine offenses. The district court
correctly concluded that Gwinn is not eligible for a sentence reduction because he
is a career offender who was sentenced pursuant to U.S.S.G. § 4B1.1. See United
States v. Wesson, 583 F.3d 728, 731 (9th Cir. 2009).
To the extent that Gwinn raises additional claims to support his request for a
sentence reduction, those claims are not cognizable in a motion under section
3582(c)(2).
We decline to consider arguments raised by Gwinn for the first time in his
reply brief. See United States v. Anderson, 472 F.3d 662, 668 (9th Cir. 2006).
AFFIRMED.
2 11-30121