Opinion
No. 19-10003
08-22-2019
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. SOCORRO LOYA-CHAVEZ, AKA Carlos Guerro, Defendant-Appellant.
NOT FOR PUBLICATION
D.C. No. 3:98-cr-00133-CRB-3 MEMORANDUM Appeal from the United States District Court for the Northern District of California
Charles R. Breyer, District Judge, Presiding Before: SCHROEDER, PAEZ, and HURWITZ, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Socorro Loya-Chavez 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. Reviewing de novo, see United States v. Wesson, 583 F.3d 728, 730 (9th Cir. 2009), we affirm.
Loya-Chavez contends that he is entitled to a sentence reduction under Amendment 782 to the Sentencing Guidelines. Contrary to his assertion, Loya-Chavez was not sentenced under U.S.S.G. § 2D1.1, but rather was sentenced as a career offender under U.S.S.G. § 4B1.1. Therefore, his sentence was not "based on" a Guidelines range that was lowered by Amendment 782, and he is ineligible for a sentence reduction. See 18 U.S.C. 3582(c)(2); Wesson, 583 F.3d at 731.
In light of this disposition, we do not reach the government's alternative argument.
AFFIRMED.