United States v. Angella Parker , 617 F. App'x 806 ( 2015 )

FILED
NOT FOR PUBLICATION SEP 25 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-30245
Plaintiff - Appellee, D.C. No. 2:11-cr-00027-DWM
v.
MEMORANDUM*
ANGELLA LEANN PARKER,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Donald W. Molloy, District Judge, Presiding
Submitted September 21, 2015**
Before: REINHARDT, LEAVY, and BERZON, Circuit Judges.
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.
*
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).
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.
2 14-30245