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UNITED STATES of America, Plaintiff-Appellee, v. Manuel VALLE, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2017-03-14No. No. 16-10156
681 F. App'x 652

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Opinion

majority opinion

MEMORANDUM

Manuel Valle 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. Reviewing de novo, see United States v. Leniear, 574 F.3d 668, 672 (9th Cir. 2009), we affirm.

Valle contends that he is entitled to a sentence reduction under Amendment 782 to the Sentencing Guidelines. The district court properly concluded that Valle is ineligible for a sentence reduction because Amendment 782 did not lower his applicar ble sentencing range. See 18 U.S.C. § 3582(c)(2); Leniear, 574 F.3d at 673-74. Moreover, because the court lacked authority to reduce Valle’s sentence, it had no reason to consider the 18 U.S.C. § 3553(a) sentencing factors. See Dillon v. United States, 560 U.S. 817, 826-27, 130 S.Ct. 2683, 177 L.Ed.2d 271 (2010).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.