Robins

MEMORANDUM **

Darrell Ray Robins appeals pro se the district court’s denial of his 18 U.S.C. § 3582 (c)(2) motion for reduction of his 262-month sentence imposed following his jury trial conviction for two counts of conspiracy to distribute cocaine base and two counts of distribution of cocaine base, in violation of 18 U.S.C. §§ 841 and 846. We have jurisdiction pursuant to 18 U.S.C. § 3742 , and we affirm.

We review the denial of a § 3582 motion for abuse of discretion. See United States v. Townsend, 98 F.3d 510, 511 (9th Cir. 1996) (per curiam). It is an abuse of discretion if the district court failed to apply the correct law, or rested its decision on clearly erroneous findings of material fact. See United States v. Sprague, 135 F.3d 1301,1304 (9th Cir.1998).

Robins claimed that he was entitled to a sentence reduction pursuant to Amendment 484 of the sentencing guidelines because the weight of the confiscated drug decreased when it “somehow changed from a solid powder state to a liquid state” while in evidence storage. The district court concluded that Amendment 484 was not a basis for decreasing Robins’ sentence because he failed to satisfy his burden of proof. See…