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United States v. Alvar Toledo
693 F. App'x 701
| 9th Cir. | 2017
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Docket

*1 Before: CANBY, KOZINSKI, and HAWKINS, Circuit Judges.

Alvar Gante Toledo 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.

The district court reduced Toledo’s sentence to 108 months, the bottom of *2 the amended guideline range. This was the lowest sentence the court could impose. See U.S.S.G. § 1B1.10(b)(2)(A). Toledo’s claim that he was eligible for a further reduction fails because he does not meet the requirements of U.S.S.G. § 1B1.10(b)(2)(B). See U.S.S.G. § 1B1.10 cmt. n.3; United States v. Finazzo , 841 F.3d 816, 818-19 (9th Cir. 2016).

AFFIRMED.

2 16-16185

[*] 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. Alvar Toledo
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Jul 17, 2017
Citation: 693 F. App'x 701
Docket Number: 16-16185
Court Abbreviation: 9th Cir.
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