Opinion
No. 15-10193
12-15-2015
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RAPHAEL GLAPPION PINKNEY, Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 2:13-cr-00026-MMD MEMORANDUM Appeal from the United States District Court for the District of Nevada
Miranda M. Du, District Judge, Presiding Before: WALLACE, RAWLINSON, and IKUTA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Raphael Glappion Pinkney 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.
Pinkney contends that he is entitled to a sentence reduction under Amendment 782 to the Sentencing Guidelines. We review de novo whether a district court had authority to modify a sentence under section 3582(c)(2). See United States v. Paulk, 569 F.3d 1094, 1095 (9th Cir. 2009) (per curiam). Pinkney is not entitled to a sentence reduction because his sentence was not "based on a sentencing range that has subsequently been lowered by the Sentencing Commission." 18 U.S.C. § 3582(c)(2). Rather, his sentence was based on the statutory mandatory minimum under 21 U.S.C. § 841(b)(1)(B)(ii). The district court properly denied relief. See Paulk, 569 F.3d at 1095-96.
AFFIRMED.