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United States v. Scott

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 16, 2012
485 F. App'x 887 (9th Cir. 2012)

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NOT FOR PUBLICATION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.


Summaries of

United States v. Scott

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 16, 2012
485 F. App'x 887 (9th Cir. 2012)
Case details for

United States v. Scott

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CHRISTOPHER SCOTT…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Oct 16, 2012

Citations

485 F. App'x 887 (9th Cir. 2012)