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U.S. v. Orantes-Arriaga

United States Court of Appeals, Ninth Circuit
Aug 1, 2007
244 F. App'x 151 (9th Cir. 2007)

Summary

remanding with instructions to dismiss § 3582 motion because defendant's sentencing range was not affected by Amendment 505

Summary of this case from U.S. v. Forcelledo

Opinion

No. 06-30396.

Argued and Submitted July 9, 2007.

This panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed August 1, 2007.

Johnathan S. Haub, AUSA, USPO — Office of the U.S. Attorney, Portland, OR, for Plaintiff-Appellee.

Marc Sussman, Esq., Portland, OR, for Defendant-Appellant.

Appeal from the United States District Court for the District of Oregon, Malcolm F. Marsh, District Judge, Presiding. D.C. No. CR-90-00354-MFM.

Before: REINHAEDT, HALL, and M. SMITH, Circuit Judges.


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Carlos Humberto Orantes-Arriaga appeals the district court's denial of his motion for resentencing under 18 U.S.C. § 3582. We remand with instructions to dismiss for lack of jurisdiction. Because the parties are familiar with the facts and proceedings below, we do not recite them here.

Even though Amendment 505 retroactively lowered the offense level that applied to Orantes, the sentencing range that would have applied to him — automatic life imprisonment — remained the same. Therefore, § 3582(c)(2), which creates jurisdiction where the "sentencing range" has been lowered, did not confer jurisdiction on the district court to resentence in this case. See also U.S.S.G. § 1B1.10 (a) (tying resentencing to the "guideline range applicable to [the] defendant").

Accordingly, this matter is remanded to the district court with instructions to dismiss for lack of jurisdiction.

VACATED and REMANDED.


Summaries of

U.S. v. Orantes-Arriaga

United States Court of Appeals, Ninth Circuit
Aug 1, 2007
244 F. App'x 151 (9th Cir. 2007)

remanding with instructions to dismiss § 3582 motion because defendant's sentencing range was not affected by Amendment 505

Summary of this case from U.S. v. Forcelledo
Case details for

U.S. v. Orantes-Arriaga

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Carlos Humberto…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 1, 2007

Citations

244 F. App'x 151 (9th Cir. 2007)

Citing Cases

U.S. v. Forcelledo

18 U.S.C. § 3582(c)(2) (emphasis added). If a Guideline amendment does not actually lower a defendant's…

United States v. Orantes-Arriaga

See also U.S.S.G. § 1B1.10(a) (tying resentencing to the "guideline range applicable to [the]…