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UNITED STATES of America, Plaintiff-Appellee, v. Santiago CURIEL, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2010-02-03No. No. 08-50445
364 F. App'x 346

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Opinion

majority opinion

MEMORANDUM

Santiago Curiel appeals from the district court’s order denying his 18 U.S.C. § 3582(c)(2) motion for a reduction of sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Curiel contends that the district court erred in denying his motion because it had authority to relieve him of his career offender status and then resentence him pursuant to the retroactive amendments to the crack cocaine Sentencing Guidelines. The district court did not err in rejecting these arguments. See United States v. Leniear, 574 F.3d 668, 673 (9th Cir.2009); see also United States v. Wesson, 583 F.3d 728, 731 (9th Cir.2009).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.