United States v. Jesus Fontes , 675 F. App'x 751 ( 2017 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JAN 24 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-30027
Plaintiff-Appellee, D.C. No. 1:11-cr-00042-EJL
v. MEMORANDUM*
JESUS MANUEL FONTES,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Idaho
Edward J. Lodge, District Judge, Presiding
Submitted January 18, 2017**
Before: TROTT, TASHIMA, and CALLAHAN, Circuit Judges.
Jesus Manuel Fontes appeals pro se from the district court’s order granting
in part his motion for a sentence reduction under 18 U.S.C. § 3582(c)(2). We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Fontes contends that the district court should have further reduced his
sentence. Contrary to Fontes’s view, the district court properly calculated his
amended guideline range as 168 to 210 months without considering the one-level
variance that the court granted at his original sentencing. See U.S.S.G. § 1B1.10
cmt. n.1(A); United States v. Ornelas, 825 F.3d 548, 552 (9th Cir. 2016). Because
the district court reduced Fontes’s sentence to 168-months, he is ineligible for any
further sentence reduction. See U.S.S.G. § 1B1.10(b)(2)(A) (“[T]he court shall not
reduce the defendant’s term of imprisonment under 18 U.S.C. § 3582(c)(2) and this
policy statement to a term that is less than the minimum of the amended guideline
range.”).
AFFIRMED.
2 16-30027