Opinion
The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Appeal from the United States District Court for the Eastern District of California, Oliver W. Wanger, District Judge, Presiding. D.C. No. CR-93-05028-OWW.
Page 805.
Patrick Hanly, Esq., USSC-Office of the U.S. Attorney, Sacramento, CA, for Plaintiff-Appellee.
Felix Claude Martin, BSS-Behavioral Systems Southwest, Riverside, CA, for Defendant-Appellant.
Before GOODWIN, WALLACE and MCKEOWN, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
Felix Claude Martin appeals pro se the district court's denial of his motion to modify his sentence pursuant to 18 U.S.C. § 3582(c)(2). Because we cannot review the district court's discretionary decision not to modify Martin's sentence pursuant to § 3582(c)(2), we dismiss this appeal for lack of jurisdiction. See United States v. Lowe, 136 F.3d 1231, 1233 (9th Cir.1998).
DISMISSED.