United States v. James Beasley, Jr.

MEMORANDUM

Appellant James Beasley challenges the district court’s denial of his motion to reduce his sentence pursuant to 18 U.S.C. § 3582 , and the district court’s denial of his petition for a writ of audita querela.

The district court sentenced Beasley for conspiracy to distribute fifty kilograms or more of cocaine powder, not cocaine base, see U.S.S.G. § 2Dl.l(c)(l) (Nov. 1, 1987). Beasley was not indicted for conspiracy to distribute cocaine base, and the presen-tence report does not mention cocaine base. Therefore, Beasley’s sentence was not “based on a sentencing range that has subsequently been lowered by the Sentencing Commission.” United States v. Wesson, 583 F.3d 728, 730 (9th Cir.2009) (citation omitted); see also 18 U.S.C. § 3582 (c)(2). The district court, therefore, properly denied Beasley’s motion to reduce his sentence pursuant to 18 U.S.C. § 3582 .

For this same reason, the district court also properly denied Beasley’s petition for a writ of audita querela. See Carrington v. United States, 503 F.3d 888 , 890 n. 2 (9th Cir.2007).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. .…