United States v. Beltran-Higuera

Full title: UNITED STATES OF AMERICA, Plaintiff, v. MANUEL BELTRAN-HIGUERA, Defendant.

Court: United States District Court, Ninth Circuit, California, C.D. California, Western Division

Date published: Nov 2, 2015

CR 12-01178 TJH (C.D. Cal. Nov. 2, 2015)

Opinion

UNITED STATES OF AMERICA, Plaintiff, v. MANUEL BELTRAN-HIGUERA, Defendant. No. CR 12-01178 TJH United States District Court, C.D. California, Western Division. November 2, 2015

          ORDER

          TERRY J. HATTER, Jr., Senior District Judge.

         The Court has considered Defendant's motion for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2) and Amendment 782 to the United States Sentencing Guidelines Manual § 2D1.1 (2014) ("USSG"), together with the moving papers.

         Sentencing reduction, pursuant to Amendment 782, only applies to drug sentences calculated using USSG § 2D1.1. Here, however, Defendant's non-drug offenses were calculated under a different Guideline range than USSG § 2D1.1. Therefore, Defendant is not entitled to sentence reduction.

         Because there is no statutory or constitutional right to counsel for a § 3582(c) motion, and because Defendant's motion lacks merit, the Court declines to appoint counsel. See United States v. Richardson, 569 Fed.Appx. 504, 504-05 (9th Cir. 2014).

         Accordingly,

         It is Ordered that Defendant's motion for sentence reduction be, and hereby is, Denied.