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United States v. Martinez

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Aug 1, 2016
No. 15-30362 (9th Cir. Aug. 1, 2016)

Opinion

No. 15-30362

08-01-2016

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ELISEO LOPEZ MARTINEZ, a.k.a. Mateo, a.k.a. Teo, Defendant-Appellant.


NOT FOR PUBLICATION

D.C. No. 1:13-cr-00026-SPW MEMORANDUM Appeal from the United States District Court for the District of Montana
Sam E. Haddon, 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.

Eliseo Lopez Martinez appeals 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 for abuse of discretion, see United States v. Dunn, 728 F.3d 1151, 1155 (9th Cir. 2013), and we affirm.

Lopez Martinez contends that the district court should have reduced his sentence under Amendment 782 in light of his positive post-sentencing conduct, his age, and the fact that he will be deported upon his release from prison. Contrary to Lopez Martinez's contention, the record reflects that the district court considered these circumstances, but concluded that a reduction was not warranted because of the "extreme danger to the community" that Lopez Martinez poses and because of his leadership role in the offense. The district court did not abuse its discretion in denying Lopez Martinez's motion. See U.S.S.G. § 1B1.10 cmt. n.1(B); United States v. Lightfoot, 626 F.3d 1092, 1096 (9th Cir. 2010).

AFFIRMED.


Summaries of

United States v. Martinez

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Aug 1, 2016
No. 15-30362 (9th Cir. Aug. 1, 2016)
Case details for

United States v. Martinez

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ELISEO LOPEZ MARTINEZ…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Aug 1, 2016

Citations

No. 15-30362 (9th Cir. Aug. 1, 2016)