U.S. v. Chavez-Vasquez

Full title: UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JOSE CHAVEZ-VASQUEZ…

Court: United States Court of Appeals, Ninth Circuit

Date published: Aug 17, 2009

No. 08-10355 (9th Cir. Aug. 17, 2009)

Opinion

No. 08-10355.

Submitted August 11, 2009.^__

__ The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

August 17, 2009.

Appeal from the United States District Court for the District of Nevada David A. Ezra, District Judge, Presiding D.C. No. 2:92-cr-00277-DAE.

Before KLEINFELD, M. SMITH, and IKUTA, Circuit Judges.

MEMORANDUM^_

_ This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Jose Chavez-Vasquez appeals pro se from the district court's order denying his motion for a reduction of sentence pursuant to 18 U.S.C. § 3582(c)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Chavez-Vasquez contends that the district court erred by concluding that he was not eligible for a sentence reduction under 18 U.S.C. § 3582(c)(2). Because Chavez-Vasquez was sentenced pursuant to the statutory minimum sentence, the district court did not err. See United States v. Paulk, 569 F.3d 1094, 1095 (9th Cir.) (per curiam), as amended, No. 08-50229, 2009 WL 2393222 (Aug. 6, 2009).

AFFIRMED.