United States v. Geary Waters, Jr.

Geary W. Waters appeals the district court’s order dismissing his motion for reduction of sentence under 18 U.S.C. § 3582 (c)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we review de novo whether a district court has jurisdiction to modify an otherwise final sentence. United States v. Wesson, 583 F.3d 728, 730 (9th Cir.2009). We affirm.

Section 3582(c)(2) allows modification of a term of imprisonment when: (1) the sentence is based on a sentencing range that has subsequently been lowered by the Sentencing Commission; and (2) such reduction is consistent with applicable policy statements issued by the Sentencing Commission. Id. Neither of Waters’s two arguments supports jurisdiction for the district court to reduce his sentence.

I.

First, Waters argues that he is eligible for sentence reduction under Amendment 759, which made permanent and retroactive earlier modifications to the drug-quantity table in United States Sentencing Guideline (U.S.S.G.) § 2D1.1 for offenses involving cocaine base (crack cocaine). This argument is foreclosed by our deci-„ sion in Waters’s previous appeal. The district judge considered the drug quantity table when sentencing…