United States v. Terry Bray

MEMORANDUM

Terry Bray appeals pro se from the district court’s order denying his motion for a sentence reduction under 18 U.S.C. § 3582 (c)(2). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo whether a district court has jurisdiction to modify a sentence under section 3582. See United States v. Wesson, 583 F.3d 728, 730 (9th Cir.2009). We affirm.

Bray contends that he is eligible for a sentence reduction under Amendment 750, which amended the drug quantity table in U.S.S.G. § 2D 1.1 for offenses involving crack cocaine. However, Bray was sentenced as a career offender pursuant to U.S.S.G. § 4B1.1. Therefore, his sentence was not based on a Guidelines range that has been lowered, and the district court lacked jurisdiction to modify his sentence. See 18 U.S.C. § 3582 (c)(2); Wesson, 583 F.3d at 731-32 .

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.