364 F. App'x 346

UNITED STATES of America, Plaintiff-Appellee, v. Santiago CURIEL, Defendant-Appellant.

No. 08-50445.

United States Court of Appeals, Ninth Circuit.

Submitted Nov. 17, 2009 *.

Filed Feb. 3, 2010.

Nili T. Moghaddam, Assistant U.S., Michael J. Raphael, Esquire, Assistant U.S., Mark A. Williams, Assistant U.S., Office of the U.S. Attorney, Los Angeles, CA, for Plaintiff-Appellee.

Kenneth M. Stern, Esquire, Law Offices of Kenneth M. Stern, Woodland Hills, CA, for Defendant-Appellant.

Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.

MEMORANDUM **

Santiago Curiel appeals from the district court’s order denying his 18 U.S.C. § 3582(c)(2) motion for a reduction of sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Curiel contends that the district court erred in denying his motion because it had authority to relieve him of his career offender status and then resentence him pursuant to the retroactive amendments to the crack cocaine Sentencing Guidelines. The district court did not err in rejecting these arguments. See United States v. Leniear, 574 F.3d 668, 673 (9th Cir.2009); see also United States v. Wesson, 583 F.3d 728, 731 (9th Cir.2009).

AFFIRMED.

United States v. Curiel
364 F. App'x 346

Case Details

Name
United States v. Curiel
Decision Date
Feb 3, 2010
Citations

364 F. App'x 346

Jurisdiction
United States

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