Opinion
No. 08-30471.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed October 5, 2009.
Joseph E. Thaggard, Office of the U.S. Attorney, Helena, MT, for Plaintiff-Appellee.
Jose Luis Luna Garcia, Adelanto, CA, pro se.
Appeal from the United States District Court for the District of Montana, Donald W. Molloy, District Judge, Presiding. D.C. No. 9:03-cr-00053-DWM.
Before: SILVERMAN, RAWLINSON, and CLIFTON, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Jose Luis Luna-Garcia appeals pro se from the district court's order denying his motion for reduction or review of sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Luna-Garcia contends that the district court erred in denying his motion for a reduction of sentence and a review of sentence pursuant to 18 U.S.C. § 3582 and 18 U.S.C. § 3742. The district court properly concluded that it lacked authority to resentence him. See United States v. Town-send, 98 F.3d 510, 513 (9th Cir. 1996) (per curiam).
To the extent that Luna-Garcia seeks relief pursuant to Fed.R.Crim.P. 33, this claim was also properly denied by the district court. See Fed.R.Crim.P. 33; see also United States v. McKinney, 952 F.2d 333, 336 (9th Cir. 1991).
To the extent that Luna-Garcia challenges the district court's dismissal of his 28 U.S.C. § 2255 motion, we construe this as a motion to broaden the certificate of appealability, and deny the motion. See 9th Cir. R. 22-1(e); Hiivala v. Wood, 195 F.3d 1098, 1104-05 (9th Cir. 1999) (per curiam).
AFFIRMED.