United States of America v. Luis Fernando Casaca

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
LUIS FERNANDO CASACA,
Defendant-Appellant.
No. 15-10382
D.C. No. 1:09-cr-00209-SOM
MEMORANDUM*
Appeal from the United States District Court
for the District of Hawaii
Susan Oki Mollway, District Judge, Presiding
Submitted June 14, 2016**
Before: BEA, WATFORD, and FRIEDLAND, Circuit Judges.
Luis Fernando Casaca appeals pro se 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. 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 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).
FILED
JUN 20 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 15-10382
Leniear, 574 F.3d 668, 672 (9th Cir. 2009), and we affirm.
Casaca contends that he is entitled to a sentence reduction under Amendment
782 to the Sentencing Guidelines. The district court properly concluded that
Casaca is ineligible for a sentence reduction because Amendment 782 did not
lower his applicable sentencing range. See 18 U.S.C. § 3582(c)(2); Leniear, 574
F.3d at 673-74. To the extent that Casaca seeks to challenge the sentencing
court’s original calculation of his Guidelines range or to otherwise have his
sentence reduced in light of mitigating factors, these claims are not cognizable in a
section 3582(c)(2) proceeding. See Dillon v. United States, 560 U.S. 817, 826,
831 (2010) (alleged errors committed at the original sentencing hearing cannot be
corrected under section 3582(c)(2), which does not permit a plenary resentencing
proceeding).
AFFIRMED.

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