624 F. App'x 588

UNITED STATES of America, Plaintiff-Appellee, v. Jack Martin VOSE, Defendant-Appellant.

No. 15-10120.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 9, 2015.*

Filed Dec. 15, 2015.

Angela Walker Woolridge, Assistant U.S., Office of the U.S. Attorney, Tucson, AZ, for Plaintiff-Appellee.

Jack Martin Vose, pro se.

Before: WALLACE, RAWLINSON, and IKUTA, Circuit Judges.

MEMORANDUM **

Jack Martin Vose appeals pro se from the district court’s order denying his motion for a sentence reduction under 18 U.S.C. § 3582(c)(2). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Vose contends that he is entitled to a sentence reduction under Amendment 782 to the Sentencing Guidelines. We review de novo whether a district court had authority to modify a sentence under section 3582(c)(2). See United States v. Paulk, 569 F.3d 1094, 1095 (9th Cir.2009) (per curiam). Vose is not entitled to a sentence reduction because his sentence was not “based on a sentencing range that has subsequently been lowered by the Sentencing Commission.” 18 U.S.C. § 3582(c)(2). Rather, his sentence was based on the statutory mandatory minimum under 21 U.S.C. § 841(b)(l)(B)(vii). The district court properly denied relief.1 See Paulk, 569 F.3d at 1095-96.

Vose’s additional claims do not support relief under section 3582(c)(2). See Dillon v. United States, 560 U.S. 817, 826, 130 S.Ct. 2683, 177 L.Ed.2d 271 (2010) (section 3582(c) does not permit a “plenary resen-tencing hearing”).

AFFIRMED.

United States v. Vose
624 F. App'x 588

Case Details

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United States v. Vose
Decision Date
Dec 15, 2015
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624 F. App'x 588

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United States

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