Opinion
No. 12-30003 D.C. No. 2:08-cr-00099-RHW
09-21-2012
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SHERARD W. HENDERSON, Defendant - Appellant.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the Eastern District of Washington
Robert H. Whaley, District Judge, Presiding
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Sherard W. Henderson appeals from the district court's order denying his 18 U.S.C. § 3582(c)(2) motion for reduction of sentence. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Henderson contends that the district court abused its discretion by denying his motion to reduce his sentence. He asserts that, by denying the motion on the basis of his criminal history, the district court improperly double counted his criminal history. Contrary to Henderson's contention, the district court properly denied his motion based on public safety considerations. See U.S.S.G. § 1B1.10 cmt. n.1(B)(ii); United States v. Lightfoot, 626 F.3d 1092, 1096 (9th Cir. 2010).
AFFIRMED.