United States v. Terry Bray

FILED NOT FOR PUBLICATION DEC 31 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 12-50032 Plaintiff - Appellee, D.C. No. 2:07-cr-00685-ABC v. MEMORANDUM * TERRY BRAY, Defendant - Appellant. Appeal from the United States District Court for the Central District of California Audrey B. Collins, District Judge, Presiding Submitted December 19, 2012 ** Before: GOODWIN, WALLACE, and FISHER, Circuit Judges. Terry Bray 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. We review de novo whether a district court has jurisdiction to * 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). modify a sentence under section 3582. See United States v. Wesson, 583 F.3d 728, 730 (9th Cir. 2009). We affirm. Bray contends that he is eligible for a sentence reduction under Amendment 750, which amended the drug quantity table in U.S.S.G. § 2D1.1 for offenses involving crack cocaine. However, Bray was sentenced as a career offender pursuant to U.S.S.G. § 4B1.1. Therefore, his sentence was not based on a Guidelines range that has been lowered, and the district court lacked jurisdiction to modify his sentence. See 18 U.S.C. § 3582(c)(2); Wesson, 583 F.3d at 731-32. AFFIRMED. 2 12-50032