Hooks
United States v. Hooks
Opinion
Lead Opinion
*562 MEMORANDUM **
Joe Willie Hooks appeals his sentence-modification granted under 18 U.S.C. § 3582 (c)(2). Hooks challenges the manner in which the district court modified his sentence, contending that it violated § 3582(c)(2)’s requirement to “consider[] the factors set forth in section 3553(a) to the extent that they are applicable.” We have jurisdiction under 18 U.S.C. § 3742 (a)(1), and we affirm.
United States v. Lowe, 136 F.3d 1231, 1233 (9th Cir.1998), does not bar review. Hooks is not challenging the district court’s exercise of discretionary power to lower a sentence under § 3582(c). Rather, he is seeking remand by arguing that the court failed to comply fully with § 3582(c)(2)’s procedures. Thus, jurisdiction is proper under § 3742(a)(1). See United States v. Gonzalez, 365 F.3d 796 , 798 & n. 1 (9th Cir.2004).
The district court complied with § 3582(c)(2). The court is not required to “mechanically ... list every consideration of § 3553(a).” United States v. Aguilar-Ayala, 120 F.3d 176, 179 (9th Cir.1997) (quotation marks omitted). The court had before it (1) an amended Presentence Report discussing factors such as Hooks’s prison disciplinary record, health, and…