United States v. Peng Xiang Li

MEMORANDUM

Peng Xiang Li appeals pro se from the district court’s order denying his motion for a sentence reduction under 18 U.S.C. § 3582 (c)(2). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Li contends that he is entitled to a sentence reduction under Amendment 782 to the Sentencing Guidelines. We review de novo whether a district court had authority to modify a sentence under section 3582(c)(2). See United States v. Paulk, 569 F.3d 1094, 1095 (9th Cir. 2009). Li is not entitled to a sentence reduction because his sentence was not “based on a sentencing range that has subsequently been lowered by the Sentencing Commission.” 18 U.S.C. § 3582 (c)(2). Rather, his sentence was based on the statutory mandatory minimum under 21 U.S.C. § 841 (b)(1)(A)(vii). Accordingly, the district court properly denied relief. See U.S.S.G. § 1B1.10 cmt. n.1(A); Paulk, 569 F.3d at 1095 .

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.