Edwards

United States v. Edwards

Good Law
37 F. App'x 899
United States Court of Appeals for the Ninth CircuitJune 17, 2002No. 01-50503; D.C. No. CR-95-00072-5-IEGCalifornia336 words

Opinion

Lead Opinion

MEMORANDUM **

Kimberly Nichol Edwards, a federal prisoner, appeals pro se the district court’s denial of her 18 U.S.C. § 3582 (c)(2) motion for reduction of her 138-month sentence for aiding and abetting interference with commerce by robbery, in violation of 18 U.S.C. §§ 1951 (a) and 2, and aiding and abetting use and carrying of a firearm during the commission of a crime of violence, in violation of 18 U.S.C. §§ 924 (c) and 2. We have jurisdiction pursuant to 28 U.S.C. § 1291 . 1 We review for abuse of discretion, United States v. Townsend, 98 *900 F.3d 510, 512 (9th Cir.1996) (per curiam), and we affirm.

Edwards contends that Amendment 591 to the United States Sentencing Guidelines entitles her to a sentence reduction, because her sentence was enhanced based upon uncharged conduct. However, Amendment 591 by its terms does not affect the court’s ability to apply sentence enhancements based on uncharged relevant conduct; it only affects the selection of base offense level guidelines. See U.S.S.G. Amendment 591 (2000). Edwards does not contend that her base offense level was incorrect. Accordingly, the district court properly denied her motion. See Townsend, 98 F.3d at 513 .…

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