United States v. Antonio Martinez-Ortega

79 F.3d 1155 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Antonio MARTINEZ-ORTEGA, Defendant-Appellant. No. 95-35365. United States Court of Appeals, Ninth Circuit. Submitted March 12, 1996. * Decided March 18, 1996. Before: GOODWIN, WIGGINS, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Antonio Martinez-Ortega appeals pro se the district court's denial of his 18 U.S.C. § 3582 (c)(2) motion to modify his sentence. Martinez-Ortega contends that the district court erred by failing to apply Amendment 268 of the Sentencing Guidelines retroactively. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion, United States v. Cueto, 9 F.3d 1438, 1440-41 (9th Cir.1993), and affirm. 3 The district court has discretion to reduce "a term of imprisonment based on a sentencing range that has subsequently been lowered," if a reduction is consistent with the Sentencing Commission's policy…