FILED
NOT FOR PUBLICATION MAR 14 2017
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-10263
Plaintiff-Appellee, D.C. No. 4:11-cr-03402-DCB
v.
JACOB VINCENT GREEN-BRESSLER, MEMORANDUM*
Defendant-Appellant.
Appeal from the United States District Court
for the District of Arizona
David C. Bury, District Judge, Presiding
Submitted March 8, 2017**
Before: LEAVY, W. FLETCHER, and OWENS, Circuit Judges.
Jacob Vincent Green-Bressler appeals 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.
*
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).
Green-Bressler contends that the district court abused its discretion by
denying his motion for a sentence reduction under Amendment 782 to the
Sentencing Guidelines. The district court acted within its discretion when it denied
Green-Bressler a sentence reduction based on his criminal history and his role in
the offense. See U.S.S.G. § 1B1.10 cmt. n.1(B); United States v. Dunn, 728 F.3d
1151, 1158-59 (9th Cir. 2013). Further, insofar as Green-Bressler challenges the
presentence reports, this claim is not cognizable. See United States v. Dillon, 560
U.S. 817, 831 (2010) (alleged sentencing errors are “outside the scope of the
proceeding authorized by § 3582(c)(2)”).
AFFIRMED.
2 16-10263