Miramontes-Cortez

United States v. Miramontes-Cortez

Good Law
66 F. App'x 701
United States Court of Appeals for the Ninth CircuitMay 21, 2003No. 02-10433; D.C. No. CR-99-00912-RGSCalifornia330 words

Opinion

Lead Opinion

MEMORANDUM **

Antonio Miramontes-Cortez appeals pro se the district court’s order denying his motion to modify his sentence pursuant to 18 U.S.C. § 3582 (c) following the November 1, 2001 amendments to U.S.S.G § 2L1.2(b)(l). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review for abuse of discretion, United States v. Townsend, 98 F.3d 510, 512 (9th Cir.1996) (per curiam), and we affirm.

Miramontes-Cortez contends that the district court erred by denying his section 3582(c)(2) motion because Amendment 632 to the Sentencing Guidelines requires his sentence to be reduced by 8 levels. We disagree.

At his sentencing hearing in 1999, the district court properly applied a 16-level enhancement under U.S.S.G. § 2L1.2(b)(l)(A) because Miramontes-Cortez’ conviction for possession of marijuana for sale in violation of California Health and Safety Code § 11359 is an “aggravated felony” for sentence enhancement purposes. See United States v. Soberanes, 318 F.3d 959, 961-62 (9th Cir.2003); United States v. Ibarra-Galindo, 206 F.3d 1337, 1338-39 (9th Cir.2000) (concluding simple drug possession constituted an aggravated felony meriting a 16-level enhancement under U.S.S.G. *702 §…

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