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United States v. Richard Taumoepeau
689 F. App'x 569
| 9th Cir. | 2017
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Docket

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

Richard Brown Taumoepeau appeals from the district court’s order granting in part 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.

Taumoepeau contends that the district court abused its discretion by denying *2 him a further sentence reduction under Amendment 782 to the Sentencing Guidelines. As an initial matter, we reject the government’s argument that this appeal is untimely. See Fed. R. App. P. 4(b)(4). Turning to the merits, we conclude that the district court acted within its discretion when, after considering the nature of Taumoepeau’s offense and his post-sentencing rehabilitation, it reduced Taumoepeau’s sentence from 480 to 345 months. See U.S.S.G. § 1B1.10 cmt. n.1(B); United States v. Lightfoot , 626 F.3d 1092, 1095-96 (9th Cir. 2010). Moreover, contrary to Taumoepeau’s contention, the record reflects that the district court followed the procedure set forth in Dillon v. United States, 560 U.S. 817 (2010).

AFFIRMED.

2 16-10301

[*] 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).

Case Details

Case Name: United States v. Richard Taumoepeau
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Apr 24, 2017
Citation: 689 F. App'x 569
Docket Number: 16-10301
Court Abbreviation: 9th Cir.
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