Opinion
No. 09-10431.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
June 27, 2011.
Appeal from the United States District Court for the District of Nevada Lloyd D. George, District Judge, Presiding D.C. No. 2:95-cr-00258-LDG.
Before: CANBY, O'SCANNLAIN, and FISHER, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Anthony Macklin 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.
Macklin contends that the district court violated his Sixth Amendment right to due process and U.S.S.G. § 6A1.3, by considering prison disciplinary findings when denying his 18 U.S.C. § 3582(c)(2) motion because the conduct was contested and not proven by a preponderance of the evidence. Assuming that the Government was required to meet this burden, the record reflects that the burden was met. See generally United States v. Dare, 425 F.3d 634, 642 (9th Cir. 2005) (recognizing that, "[a]s a general rule, the preponderance of the evidence standard is the appropriate standard for factual findings used for sentencing").
AFFIRMED.