Opinion
No. 20-10251
05-26-2021
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. CHARLES BO MUMPHREY, Defendant-Appellant.
NOT FOR PUBLICATION
D.C. No. 2:12-cr-00455-HDM-PAL-2 MEMORANDUM Appeal from the United States District Court for the District of Nevada
Howard D. McKibben, District Judge, Presiding Before: CANBY, FRIEDLAND, and VANDYKE, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Charles Bo Mumphrey appeals pro se from the district court's order denying his motion for a sentence reduction under section 404 of the First Step Act of 2018. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Mumphrey contends that the First Step Act allows for a reduction of the sentence imposed in connection with his conviction for interfering with commerce by robbery, in violation of 18 U.S.C. § 1951, because his career offender designation was based, in part, on a prior crack cocaine conviction. "Statutory interpretation is a question of law that we review de novo." United States v. Aruda, 993 F.3d 797, 799 (9th Cir. 2021) (internal quotation marks omitted). No provision of the Act authorizes a sentence reduction in this case. See First Step Act §§ 401-04. Contrary to his contention, section 404 does not apply to Mumphrey because his current Hobbs Act robbery conviction is not an offense for which "the statutory penalties . . . were modified by section 2 or 3 of the Fair Sentencing Act of 2010." Id., § 404(a); United States v. Kelley, 962 F.3d 470, 472 (9th Cir. 2020) (discussing scope of Fair Sentencing Act).
Mumphrey's motions for sentence reduction and relief under the First Step Act are denied.
AFFIRMED.