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United States v. Elias Barrera-Medina
671 F. App'x 964
| 9th Cir. | 2016
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*1 Before: WALLACE, LEAVY, and FISHER, Circuit Judges.

Elias Miguel Barrera-Medina 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.

*2 Barrera-Medina contends that he is entitled to a sentence reduction under Amendment 782 to the Sentencing Guidelines. We review de novo whether a district court had authority to modify a sentence under section 3582(c)(2). See United States v. Leniear , 574 F.3d 668, 672 (9th Cir. 2009). The district court correctly concluded that Barrera-Medina is ineligible for a sentence reduction because Amendment 782 did not lower his applicable sentencing range. See 18 U.S.C. § 3582(c)(2); Leniear , 574 F.3d at 673-74.

Barrera-Medina’s challenges to the sentencing court’s drug quantity calculations are not cognizable in a section 3582(c)(2) proceeding. See Dillon v. United States , 560 U.S. 817, 826 (2010) (section 3582(c)(2) authorizes “only a limited adjustment to an otherwise final sentence and not a plenary resentencing proceeding”).

AFFIRMED .

2 16-10173

[*] 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. Elias Barrera-Medina
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Dec 19, 2016
Citation: 671 F. App'x 964
Docket Number: 16-10173
Court Abbreviation: 9th Cir.
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