United States v. Binh Tieu

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 27 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 24-1310 D.C. No. 3:11-cr-00097-CRB-1 Plaintiff - Appellee,

v.

MEMORANDUM*

CUONG MACH BINH TIEU, AKA

Steve, AKA Hak Se Wui, AKA Ah Keung,

Defendant - Appellant.

Appeal from the United States District Court for the Northern District of California Charles R. Breyer, District Judge, Presiding

Submitted August 20, 2024**

Before: S.R. THOMAS, RAWLINSON, and COLLINS, Circuit Judges.

Cuong Mach Binh Tieu 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.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). As an initial matter, the government contends that Tieu’s notice of appeal is

untimely. Tieu responds that he…