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UNITED STATES of America, Plaintiff-Appellee, v. Teddy GARCIA, Defendant-Appellant

United States Court of Appeals for the Eleventh Circuit2016-04-14No. No. 15-12702
648 F. App'x 746

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Opinion

majority opinion

PER CURIAM:

Teddy Garcia appeals the district court’s denial of his motion to reduce his sentence, pursuant to 18 U.S.C. § 3582(c)(2). He says that the district court abused its discretion by not considering the 18 U.S.C. § 3553(a) factors and by classifying him as a career offender. Garcia was not eligible for a sentence reduction, because he was sentenced as a career offender. So the district court did not have the authority to consider the § 3553(a) factors. Furthermore, a § 3582(c)(2) motion cannot be used to challenge his status as a career offender. See Dillon v. United States, 560 U.S. 817, 130 S.Ct. 2683, 177 L.Ed.2d 271 (2010).

AFFIRMED.