United States v. Tyrone Jackson

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 08-30231 Plaintiff-Appellee, v.  DC No. 1:06-cr-0016 CCL TYRONE JACKSON, AKA Ty,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the District of Montana Charles C. Lovell, District Judge, Presiding

Argued and Submitted April 7, 2009—Seattle, Washington

Filed August 14, 2009

Before: Betty B. Fletcher, A. Wallace Tashima, and Sidney R. Thomas, Circuit Judges.

Opinion by Judge Tashima

11139 UNITED STATES v. JACKSON 11141

COUNSEL

Michael Donahoe, Federal Defenders of Montana, Helena, Montanta, for the defendant-appellant.

William W. Mercer, United States Attorney, Billings, Mon- tana, for the plaintiff-appellee.

OPINION

TASHIMA, Circuit Judge:

Tyrone Jackson appeals the district court’s denial of his motion for a sentence reduction pursuant to 18 U.S.C. 11142 UNITED STATES v. JACKSON § 3582(c)(2). Jackson, who pled guilty to possession of crack cocaine with intent to distribute, contends that the district court should have reduced his sentence on the basis of Amendment 706…