United States v. Glenn Walls, II

FILED NOT FOR PUBLICATION SEP 20 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 12-30045 Plaintiff - Appellee, D.C. No. 3:07-cr-00106-RRB v. MEMORANDUM * GLENN ALLEN WALLS, II, Defendant - Appellant. Appeal from the United States District Court for the District of Alaska Ralph R. Beistline, Chief District Judge, Presiding Submitted September 10, 2012 ** Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges. Glenn Allen Walls, II, appeals pro se from the district court’s order granting his 18 U.S.C. § 3582(c)(2) motion for reduction of sentence based on the retroactive amendments to the Sentencing Guidelines that lowered penalties for * 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). crack cocaine offenses. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Walls contends that the district court abused its discretion by declining to further reduce his sentence because of his post-sentencing prison disciplinary record. The district court properly considered this information in determining the extent to which it would reduce Walls’s sentence. See U.S.S.G. § 1B1.10 cmt. n.1(B); United States v. Lightfoot, 626 F.3d 1092, 1096 (9th Cir. 2010). AFFIRMED. 2 12-30045