Opinion
No. 09-10241.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed March 26, 2010.
Peter Stuart Levitt, Esquire, Assistant U.S., USLV-Office of The U.S. Attorney, Las Vegas, NV, for Plaintiff-Appellee.
Rene Valladares, Esquire, Assistant Federal Public Defender Federal Public Defender's Office, Las Vegas, NV, for Defendant-Appellant.
Appeal from the United States District Court for the District of Nevada, Philip M. Pro, District Judge, Presiding. D.C. No. 2:98-CR-00025-PMP.
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Charles Moore appeals from the district court's order denying his motion for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Moore contends that the district court erred by failing to reduce his sentence pursuant to Amendment 706 of the United States Sentencing Guidelines. This contention fails because Moore was sentenced as a career offender pursuant to U.S.S.G. § 4B1.1. See United States v. Wesson, 583 F.3d 728, 731-32 (9th Cir. 2009).
AFFIRMED.