NOT FOR PUBLICATION FILED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. 16-50162
Plaintiff-Appellee, D.C. No. 2:14-cr-00155-JFW
v.
MEMORANDUM*
JESSE EDGARDO HERRERA, a.k.a.
Harald Herrera, a.k.a. Harold Herrera, a.k.a.
Herald Herrera, a.k.a. Jesse B. Herrera,
a.k.a. Jesse Edgar Herrera, a.k.a. Jessie
Herrera,
Defendant-Appellant.
Appeal from the United States District Court
for the Central District of California
John F. Walter, District Judge, Presiding
Submitted April 11, 2017**
Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.
Jesse Edgardo Herrera 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
*
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).
jurisdiction under 28 U.S.C. § 1291, and we affirm.
Herrera’s plea agreement provided that, if he received the benefit of then-
pending Amendment 782 at sentencing, he waived any right to file a later motion
for a sentence reduction under that amendment. Contrary to Herrera’s contention,
the record reflects that the sentencing court granted him the benefit of Amendment
782 by way of a two-level downward variance. Accordingly, the district court
correctly concluded that Herrera had waived the right to pursue a further reduction.
AFFIRMED.
2 16-50162