FILED
NOT FOR PUBLICATION JUL 27 2012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. 09-30209
Plaintiff - Appellee, D.C. No. 2:96-cr-00376-JLR
v.
MEMORANDUM *
OSCAR KEVIN BONDS,
Defendant - Appellant.
Appeal from the United States District Court
for the Western District of Washington
James L. Robart, District Judge, Presiding
Submitted July 17, 2012 **
Before: SCHROEDER, THOMAS, and SILVERMAN, Circuit Judges.
Oscar Kevin Bonds appeals 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).
Bonds 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 the penalties for crack cocaine offenses. Bonds is not
eligible for a sentence reduction because his sentence was based on the parties’
stipulation in a binding plea agreement under Federal Rule of Criminal Procedure
11(c)(1)(C), and not “on a sentencing range that has subsequently been lowered by
the Sentencing Commission,” as required by section 3582(c)(2). See Freeman v.
United States, 131 S. Ct. 2685, 2695-96 (2011) (Sotomayor, J., concurring).
Neither exception that would allow us to conclude otherwise applies here, because
the terms of the plea agreement provide no indication of a particular Guidelines
sentencing range applicable to Bonds’s offenses, nor is any Guidelines range
expressly used in the agreement or evident from the agreement itself. See United
States v. Austin, 676 F.3d 924, 930 (9th Cir. 2012). As such, Bonds’s sentence was
based on the plea agreement, and the district court lacked jurisdiction to modify his
sentence under section 3582(c)(2). See id.
AFFIRMED.
2 09-30209