Opinion
No. 16-30113
04-24-2017
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JOHN P. DEWEY, Defendant-Appellant.
NOT FOR PUBLICATION
D.C. No. 4:08-cr-00076-SEH MEMORANDUM Appeal from the United States District Court for the District of Montana
Sam E. Haddon, District Judge, Presiding Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
John P. Dewey appeals 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.
Dewey contends that the district court erred by denying his motion without first appointing counsel to represent him. This claim fails because Dewey had no constitutional right to counsel when bringing his section 3582 motion. See United States v. Townsend, 98 F.3d 510, 512-13 (9th Cir. 1996). Moreover, because Dewey was sentenced as a career offender under U.S.S.G. § 4B1.1, the district court correctly determined that he is ineligible for a sentence reduction under Amendment 782. See 18 U.S.C. § 3582(c)(2); United States v. Wesson, 583 F.3d 728, 731 (9th Cir. 2009).
AFFIRMED.