United States v. Jesse Herrera

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 24 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 16-50162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