United States v. Carlos Gonzalez-Castillo
Opinion
Opinion
ORDER
The memorandum disposition filed February 7, 2013 is amended. An amended memorandum disposition will be filed concurrently with this order.
The petitions for rehearing and rehearing en banc are otherwise DENIED, and no further petitions for rehearing will be accepted.
AMENDED MEMORANDUM
The memorandum filed February 7, 2013, is amended below.
Carlos Gonzalez-Castillo appeals the district court’s order denying his motion for reduction of sentence under 18 U.S.C. § 3582 (c)(2). We affirm.
Section 3582(c)(2) allows a modification of a term of imprisonment when two requirements are satisfied: (1) the sentence is based on a sentencing range that subsequently has been lowered by the Sentencing Commission; and (2) such a reduction is consistent with applicable policy statements issued by the Sentencing Commission. See United States v. Waters, 648 F.3d 1114, 1116 (9th Cir.2011). Even assuming Gonzalez-Castillo could satisfy the first requirement, he cannot satisfy the second.
The applicable policy statement provides that a reduction in a defendant’s term of imprisonment is not authorized if an amendment to the Sentencing Guidelines “does not have the effect of lowering the…