United States v. Dwayne Falconer

FILED

NOT FOR PUBLICATION DEC 27 2010

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T O F AP PE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 09-55165

Plaintiff-Appellee, D.C. No. 2:92-cr-00749-SVW

v.

MEMORANDUM *

DWAYNE ALLEN FALCONER,

Defendant - Appellant.

Appeal from the United States District Court for the Central District of California Stephen V. Wilson, District Judge, Presiding

Submitted December 14, 2010 **

Before: GOODWIN, WALLACE, and W. FLETCHER, Circuit Judges.

Dwayne Allen Falconer appeals pro se from the district court’s order

denying his 18 U.S.C. § 3582(c)(2) motion for a reduced sentence. 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 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Falconer contends that he is entitled to a reduced sentence in light of the

crack-cocaine amendments to the U.S. Sentencing Guidelines.…