United States v. Mason

*843 MEMORANDUM **

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

The government contends that this appeal is barred by the appeal waiver in Mason’s plea agreement. We disagree. The appeal waiver does not encompass a decision regarding a section 3582(c)(2) motion. See United States v. Lightfoot, 626 F.3d 1092, 1094-95 (9th Cir.2010).

Mason contends that he is entitled to a sentence reduction based on Amendment 750 to the Sentencing Guidelines. We review de novo whether the district court had authority to modify a defendant’s sentence under section 3582(c)(2). See United States v. Austin, 676 F.3d 924, 926 (9th Cir.2012). Mason is not eligible for a sentence reduction because his sentence was based on the sentencing range stipulated in a binding plea agreement under Federal Rule of Criminal Procedure 11(c)(1)(C), and not on a sentencing range that has been subsequently lowered by the Sentencing Commission, as required by section 3582(c)(2). See Freeman v. United States, — U.S. -, 131 S.Ct. 2685, 2695-96 , 180 L.Ed.2d 519 (2011) (Sotoma-yor,…