United States v. Harold Sipai

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 08-10300 Plaintiff-Appellee, v.  D.C. No. 3:05-cr-00566-MMC

HAROLD SIPAI,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Northern District of California Maxine M. Chesney, District Judge, Presiding

Argued and Submitted March 9, 2009—San Francisco, California

Filed September 24, 2009

Before: Procter Hug, Jr. and Carlos T. Bea, Circuit Judges, and Nancy G. Edmunds,* District Judge.

Opinion by Judge Hug

*The Honorable Nancy G. Edmunds, United States District Judge for the Eastern District of Michigan, sitting by designation.

13797 UNITED STATES v. SIPAI 13799

COUNSEL

Rebecca Sullivan Silbert, Federal Public Defender, Oakland, California, for the appellant.

Tracie L. Brown, Assistant United States Attorney, San Fran- cisco, California, for the appellee.

OPINION

HUG, Circuit Judge:

Harold Sipai appeals from the district court’s denial of his motion for reduction of sentence under 18 U.S.C. § 3582(c)(2). The district court held that it lacked jurisdiction to reduce…