United States v. Miguel G. Ayarza

15 F.3d 1090 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Miguel G. AYARZA, Defendant-Appellant. No. 93-30114. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1993. * Decided Dec. 23, 1993. Before: SNEED, NOONAN, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Miguel Gabriel Ayarza, a federal prisoner, appeals the district court's denial of his 28 U.S.C. Sec. 2255 motion to modify his sentence. Ayarza seeks retroactive application of United States Sentencing Guideline (U.S.S.G.) Amendment 459, which changed U.S.S.G. Sec. 3E1.1, to allow an additional one point downward adjustment for assisting authorities in the prosecution or investigation of one's own offense. We have jurisdiction under 28 U.S.C. Sec. 2255 and affirm. 3 This court reviews de novo the denial of a section 2255 motion. United States v. Moore, 921 F.2d 207, 209 (9th Cir.1990). We review de novo the district court's application of the United…