United States v. Gary Callahan

MEMORANDUM

Gary Patrick Callahan appeals from the district court’s order denying his 18 U.S.C. § 8582 (c)(2) motion for reduction of sentence. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Callahan contends that he is entitled to a sentence reduction based on Amendment 739 to the Sentencing Guidelines, which amended U.S.S.G. § 5H1.11 to allow a sentencing court to consider whether a defendant’s military service is relevant in determining whether a departure is warranted. See U.S.S.G., Appendix C, Amendment 739 (2010). This claim lacks merit because Amendment 739 did not alter Callahan’s applicable sentencing range, therefore his sentence is not “based on a sentencing range that has subsequently been lowered by the Sentencing Commission.” See United States v. Leniear, 574 F.3d 668, 673 (9th Cir.2009); 18 U.S.C. § 3582 (c)(2). Moreover, a reduction in Callahan’s term of imprisonment would not be “consistent with applicable policy statements issued by the Sentencing Commission.” See Leniear, 574 F.3d at 674 ; U.S.S.G. § 1B1.10(a)(2).

To the extent that Callahan raises additional claims to support his request for a sentence reduction, those claims are not cognizable…