United States v. John Dewey

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 24 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 16-30113 Plaintiff-Appellee, D.C. No. 4:08-cr-00076-SEH v. MEMORANDUM* JOHN P. DEWEY, Defendant-Appellant. Appeal from the United States District Court for the District of Montana Sam E. Haddon, District Judge, Presiding Submitted April 11, 2017** Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges. John P. Dewey 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. Dewey contends that the district court erred by denying his motion without * 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). Dewey’s request for oral argument is denied. first appointing counsel to represent him. This claim fails because Dewey had no constitutional right to counsel when bringing his section 3582 motion. See United States v. Townsend, 98 F.3d 510, 512-13 (9th Cir. 1996). Moreover, because Dewey was sentenced as a career offender under U.S.S.G. § 4B1.1, the district court correctly determined that he is ineligible for a sentence reduction under Amendment 782. See 18 U.S.C. § 3582(c)(2); United States v. Wesson, 583 F.3d 728, 731 (9th Cir. 2009). AFFIRMED. 2 16-30113