United States v. Josef Boehm

MEMORANDUM

Josef Franz Boehm appeals from the district court’s order denying his 18 U.S.C. § 3582 (c)(2) motion for reduction of sentence. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Boehm contends that the district court erred by denying his motion to reduce his sentence under the retroactive amendments to the Sentencing Guidelines for crack cocaine offenses. He argues that his sentence is longer than necessary in light of the 18 U.S.C. § 3553 (a) sentencing factors. We review a district court’s decision to deny a section 3582(c)(2) motion for abuse of discretion. See United States v. Chaney, 581 F.3d 1123, 1125 (9th Cir.2009). We review de novo whether the district court had jurisdiction to modify a sentence under section 3582(c)(2). See United States v. Austin, 676 F.3d 924, 926 (9th Cir.2012).

The government contends that the district court lacked jurisdiction to consider Boehm’s motion because his sentence was based on a plea agreement entered into under Federal Rule of Criminal Procedure 11(c)(1)(C), rather than on a Guidelines range that has been lowered. Even assuming that the plea agreement was entered into under Rule 11(c)(1)(C), however, the district…