*1 Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.

PER CURIAM: ^[*]

Francisco Madrigal pleaded guilty of conspiring to possess with intent to *2 Case: 16-41581 Document: 00514200328 Page: 2 Date Filed: 10/18/2017

No. 16-41581

distribute more than 1,000 kilograms of marihuana. His advisory guideline range was 120 months of imprisonment, which was the statutory minimum. The district court departed downward and imposed a term of 90 months. Madrigal challenges the denial of his motion for a reduction under 18 U.S.C. § 3582(c)(2) based on Amendment 782 to the Sentencing Guidelines.

Here, however, the district court lacked authority to reduce Madrigal’s sentence because Madrigal’s advisory guideline range was governed by the statutory minimum. See United States v. Carter , 595 F.3d 575, 578-81 (5th Cir. 2010); 21 U.S.C. § 841(b)(1)(B)(vii); U.S.S.G. § 1B1.10(a), p.s. & comment. (n.1(A)). Because Madrigal was not eligible for a reduction, the court was not authorized to grant him one.

The judgment of sentence is AFFIRMED.

2

[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.