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United States v. Lewis Mitchell
689 F. App'x 870
| 9th Cir. | 2017
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Docket

*1 Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.

Lewis Lynn Mitchell 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.

Mitchell contends that he is entitled to a sentence reduction under *2 Amendment 782 to the Sentencing Guidelines. We review de novo whether a defendant is eligible for a sentence reduction. See United States v. Leniear , 574 F.3d 668, 672 (9th Cir. 2009). Mitchell was sentenced as a career offender under U.S.S.G. § 4B1.1. Thus, his sentence was not “based on” a Guidelines range that was lowered by Amendment 782 and he is ineligible for a reduction. See 18 U.S.C. § 3582(c)(2); United States v. Wesson , 583 F.3d 728, 731 (9th Cir. 2009). Accordingly, contrary to Mitchell’s contention, the district court had no cause to consider the 18 U.S.C. § 3553(a) factors. See Dillon v. United States , 560 U.S. 817, 826-27 (2010).

Mitchell’s contention that he should not have been sentenced as a career offender is not cognizable in a section 3582(c)(2) proceeding. See United States v. Waters , 648 F.3d 1114, 1118 (9th Cir. 2011).

AFFIRMED.

2 16-30169

[*] 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). Mitchell’s request for oral argument is denied.

Case Details

Case Name: United States v. Lewis Mitchell
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Apr 24, 2017
Citation: 689 F. App'x 870
Docket Number: 16-30169
Court Abbreviation: 9th Cir.
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