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UNITED STATES of America, Plaintiff-Appellee, v. 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

United States Court of Appeals for the Ninth Circuit2017-04-24No. No. 16-50162
689 F. App'x 871

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Opinion

majority opinion

MEMORANDUM

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 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.

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