Opinion
No. 16-30169
04-24-2017
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. LEWIS LYNN MITCHELL, Defendant-Appellant.
NOT FOR PUBLICATION
D.C. No. 4:07-cr-00019-SEH MEMORANDUM Appeal from the United States District Court for the District of Montana
Sam E. Haddon, District Judge, Presiding Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Lewis Lynn Mitchell 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, and we affirm.
Mitchell contends that he is entitled to a sentence reduction under Amendment 782 to the Sentencing Guidelines. We review de novo whether a defendant is eligible for a sentence reduction. See United States v. Leniear, 574 F.3d 668, 672 (9th Cir. 2009). Mitchell was sentenced as a career offender under U.S.S.G. § 4B1.1. Thus, his sentence was not "based on" a Guidelines range that was lowered by Amendment 782 and he is ineligible for a reduction. See 18 U.S.C. § 3582(c)(2); United States v. Wesson, 583 F.3d 728, 731 (9th Cir. 2009). Accordingly, contrary to Mitchell's contention, the district court had no cause to consider the 18 U.S.C. § 3553(a) factors. See Dillon v. United States, 560 U.S. 817, 826-27 (2010).
Mitchell's contention that he should not have been sentenced as a career offender is not cognizable in a section 3582(c)(2) proceeding. See United States v. Waters, 648 F.3d 1114, 1118 (9th Cir. 2011).
AFFIRMED.