Opinion
No. 14-30245
09-25-2015
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ANGELLA LEANN PARKER, Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 2:11-cr-00027-DWM MEMORANDUM Appeal from the United States District Court for the District of Montana
Donald W. Molloy, District Judge, Presiding
Before: REINHARDT, LEAVY, and BERZON, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Angella Leann Parker appeals pro se from the district court's order denying her 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 authority to modify a sentence under section 3582(c)(2), see United States v. Leniear, 574 F.3d 668, 672 (9th Cir. 2009), and we affirm.
Parker argues that she is eligible for a sentence reduction under Amendment 782 to the Sentencing Guidelines. The district court properly concluded that Parker is ineligible for a sentence reduction because her sentence is already below the amended Guidelines range, and the government did not file a motion for substantial assistance. See U.S.S.G. § 1B1.10(b)(2) (unless the government filed a motion for substantial assistance, the district court shall not reduce a defendant's term of imprisonment under § 3582(c)(2) to a term below the amended Guidelines range); United States v. Davis, 739 F.3d 1222, 1224 (9th Cir. 2014).
All pending motions are denied as moot.
AFFIRMED.