United States v. Lamar Edison, Jr. , 436 F. App'x 784 ( 2011 )

FILED
NOT FOR PUBLICATION JUN 07 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-50306
Plaintiff - Appellee, D.C. No. 2:93-cr-00643-RGK
v.
MEMORANDUM *
LAMAR EDISON, Jr.,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
R. Gary Klausner, District Judge, Presiding
Submitted May 24, 2011 **
Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.
Lamar Edison, Jr., appeals from the 262-month sentence imposed following
the district court’s order granting his 18 U.S.C. § 3582(c)(2) motion for a reduced
sentence. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Edison contends the district court erred at the section 3582(c)(2) proceeding
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
by treating the policy statement articulated in U.S.S.G. § 1B1.10(b) as binding,
even though its promulgation and implementation violated the Separation of
Powers doctrine and Administrative Procedure Act. This contention is foreclosed
by United States v. Fox, 631 F.3d 1128, 1131-33 (9th Cir. 2011).
AFFIRMED.
2 09-50306