United States v. Maleek James

MEMORANDUM

Maleek James 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 . We review de novo whether a district court has authority to modify a sentence under section 3582(c)(2), see United States v. Leniear, 574 F.3d 668, 672 (9th Cir. 2009), and we affirm.

James contends that he is entitled to a sentence reduction under Amendment 782 to the Sentencing Guidelines. The district court correctly concluded that James is ineligible for a sentence reduction because his sentence is already below the minimum of the amended Guidelines range. See U.S.S.G. § 1B1.10(b)(2)(A) (“[T]he court shall not reduce the defendant’s term of imprisonment under 18 U.S.C. § 3582 (c)(2) and this policy statement to a term that is less than the minimum of the amended guideline range.”). Because the district court lacked authority to reduce James’s sentence, it had no cause to consider the 18 U.S.C. § 3553 (a) factors. See Dillon v. United States, 560 U.S. 817, 826-27 , 130 S.Ct. 2683 , 177 L.Ed.2d 271 (2010). Contrary to James’s contention, the district court was not free to disregard…