United States v. Tina-Marie Finazzo

Appellant Tina-Marie Finazzo appeals from’ the district court’s judgment, challenging its order granting in part and denying in part her motion for a sentence reduction. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I.

We review sentence reductions under 18 U.S.C. § 3582 (c)(2) for abuse of discretion. United States v. Dunn, 728 F.3d 1151, 1155 (9th Cir. 2013). “A district court may abuse its discretion if it does not apply ■ the correct law or if it rests its decision on a clearly erroneous finding of material fact.” Id. quoting United States v. Lightfoot, 626 F.3d 1092, 1094 (9th Cir. 2010).

II.

Finazzo pleaded guilty in 2011 to one count of conspiracy to distribute and to possess with intent to distribute fifty grams or more of methamphetamine. Her United States Sentencing Guidelines (Guidelines) range was 210 to 262 months’ imprisonment, but the probation office recommended a downward variance to 172 months. The government assented to this recommendation with the caveat that it was not making a motion for a downward departure under Guidelines § 5K1.1. At sentencing, the district court adopted the recommendation and imposed a 172-month…