Opinion
No. 16-16185
07-17-2017
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ALVAR GANTE TOLEDO, Defendant-Appellant.
NOT FOR PUBLICATION
D.C. Nos. 1:12-cr-00642-LEK 1:15-cv-00042-LEK MEMORANDUM Appeal from the United States District Court for the District of Hawaii
Leslie E. Kobayashi, District Judge, Presiding Before: CANBY, KOZINSKI, and HAWKINS, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Alvar Gante Toledo appeals from the district court's order granting in part 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.
The district court reduced Toledo's sentence to 108 months, the bottom of the amended guideline range. This was the lowest sentence the court could impose. See U.S.S.G. § 1B1.10(b)(2)(A). Toledo's claim that he was eligible for a further reduction fails because he does not meet the requirements of U.S.S.G. § 1B1.10(b)(2)(B). See U.S.S.G. § 1B1.10 cmt. n.3; United States v. Finazzo, 841 F.3d 816, 818-19 (9th Cir. 2016).
AFFIRMED.