United States v. Tomas Alvarado , 667 F. App'x 683 ( 2016 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 1 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-30199
Plaintiff-Appellee, D.C. No. 1:13-cr-00026-SPW
v.
MEMORANDUM*
TOMAS ALVARADO,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Montana
Susan P. Watters, District Judge, Presiding
Submitted July 26, 2016**
Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.
Tomas Alvarado appeals from the district court’s order denying 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.
Alvarado contends that the district court abused its discretion by denying his
*
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).
motion for a sentence reduction under Amendment 782 to the Sentencing
Guidelines. The district court acted within its discretion when it denied Alvarado
a sentence reduction based on his undisputed ties with an international drug cartel,
his extensive criminal history, and his post-offense conduct. See U.S.S.G.
§ 1B1.10 cmt. n.1(B); United States v. Lightfoot, 626 F.3d 1092, 1096 (9th Cir.
2010).
AFFIRMED.
2 15-30199