Opinion
No. 15-10423
08-01-2016
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ALFREDO LOPEZ, Defendant-Appellant.
NOT FOR PUBLICATION
D.C. No. 4:11-cr-00337-JGZ MEMORANDUM Appeal from the United States District Court for the District of Arizona
Jennifer G. Zipps, District Judge, Presiding Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Alfredo Lopez appeals pro se 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. We review de novo whether a district court has authority to modify a sentence under section 3582(c)(2), see United States v. Leniear, 574 F.3d 668, 672 (9th Cir. 2009), and we affirm.
Lopez contends that he is entitled to a sentence reduction under Amendment 782 to the Sentencing Guidelines. Contrary to Lopez's contention, the district court properly calculated his amended guideline range as 51 to 63 months without considering the two-level fast-track departure that the court granted at his original sentencing. See U.S.S.G. § 1B1.10 cmt. n.1(A); United States v. Ornelas, No. 15-10522, 2016 WL 3126272, at *5 (9th Cir. June 3, 2016); see also United States v. Rosales-Gonzales, 801 F.3d 1177, 1180-83 (9th Cir. 2015) (fast-track reduction is discretionary departure under the Guidelines). Because Lopez received a sentence of 51 months, the district court correctly concluded that Lopez is ineligible for a sentence reduction. See U.S.S.G. § 1B1.10(b)(2)(A) ("[T]he court shall not reduce the defendant's term of imprisonment under 18 U.S.C. § 3582(c)(2) and this policy statement to a term that is less than the minimum of the amended guideline range.").
AFFIRMED.