United States v. Fernando Claveria-Martinez

MEMORANDUM

Fernando Claveria-Martinez appeals from the district court’s order granting his 18 U.S.C. § 3582 (c)(2) motion for sentence reduction. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Claveria-Martinez contends that the district court erred by failing to consider all of the 18 U.S.C. § 3553 (a) sentencing factors when ruling on his motion for sentence reduction. To the extent that Claveria-Martinez contends that the district court erred by failing to treat the amended Sentencing Guidelines range as advisory, pursuant to United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), this contention is foreclosed by Dillon v. United States, — U.S. -, 130 S.Ct. 2683, 2692 , 177 L.Ed.2d 271 (2010). To the extent that Claveria-Martinez contends that the district court failed to consider the section 3553(a) factors when determining whether the authorized reduction was warranted, this contention is belied by the record.

Claveria-Martinez also contends that a reduction in his criminal history category is appropriate because the district court improperly relied on his July 1995 arrest when departing upward at the original sentencing hearing. This…