Opinion
No. 15-12702
04-14-2016
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. TEDDY GARCIA, Defendant-Appellant.
[DO NOT PUBLISH] Non-Argument Calendar D.C. Docket No. 1:05-cr-20393-KMM-1 Appeal from the United States District Court for the Southern District of Florida Before HULL, MARCUS, and EDMONDSON, Circuit Judges. PER CURIAM:
Teddy Garcia appeals the district court's denial of his motion to reduce his sentence, pursuant to 18 U.S.C. § 3582(c)(2). He says that the district court abused its discretion by not considering the 18 U.S.C. § 3553(a) factors and by classifying him as a career offender. Garcia was not eligible for a sentence reduction, because he was sentenced as a career offender. So the district court did not have the authority to consider the § 3553(a) factors. Furthermore, a § 3582(c)(2) motion cannot be used to challenge his status as a career offender. See Dillon v. United States, 130 S. Ct. 2683 (2010).
AFFIRMED.