Opinion
No. 12-30088 D.C. No. 2:08-cr-00082-RSL
10-16-2012
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CHRISTOPHER SCOTT, Defendant - Appellant.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the Western District of Washington
Robert S. Lasnik, District Judge, Presiding
Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.
Christopher Scott appeals from the district court's order denying his 18 U.S.C. § 3582(c)(2) motion for reduction of sentence. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Scott contends that he is entitled to a sentence reduction based on the retroactive amendments to the Sentencing Guidelines that lowered the penalties for crack cocaine offenses. Scott is not eligible for a sentence reduction because his sentence was based on the parties' stipulation in a binding plea agreement under Federal Rule of Criminal Procedure 11(c)(1)(C), and not "on a sentencing range that has subsequently been lowered by the Sentencing Commission," as required by section 3582(c)(2). See Freeman v. United States, 131 S. Ct. 2685, 2695-96 (2011) (Sotomayor, J., concurring). The plea agreement does not call for Scott to be sentenced within a particular Guidelines sentencing range as reflected in the Guidelines sentencing table, nor is any such Guidelines range expressly used in the agreement or evident from the agreement itself. See id. at 2697-98. Therefore, the district court lacked jurisdiction to modify Scott's sentence under section 3582(c)(2). See United States v. Austin, 676 F.3d 924, 930 (9th Cir. 2012).
AFFIRMED.