United States of America v. Steven Tyrone Richard

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
STEVEN TYRONE RICHARD,
Defendant-Appellant.
No. 15-30053
D.C. No. 4:07-cr-00003-SEH
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Sam E. Haddon, District Judge, Presiding
Submitted September 26, 2017**
Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges.
Steven Tyrone Richard 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.
Richard contends that he is entitled to a sentence reduction under
* 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
SEP 29 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 15-30053
Amendment 782 to the Sentencing Guidelines. We review de novo whether a
district court had authority to modify a sentence under section 3582(c)(2). See
United States v. Leniear, 574 F.3d 668, 672 (9th Cir. 2009). The record makes
clear that the district court imposed Richard’s sentence, and later reduced
Richard’s sentence under Federal Rule of Criminal Procedure 35(b), for reasons
unrelated to the guideline range lowered by Amendment 782. Because Richard’s
sentence was not “based on a sentencing range that has subsequently been lowered
by the Sentencing Commission,” he is ineligible for a sentence reduction. See 18
U.S.C. § 3582(c)(2); United States v. Rodriguez-Soriano, 855 F.3d 1040, 1045-46
(9th Cir. 2017). Accordingly, contrary to Richard’s contention, the district court
had no cause to consider his argument that a reduction was warranted under the 18
U.S.C. § 3553(a) sentencing factors. See Dillon v. United States, 560 U.S. 817,
826-27 (2010).
Richard’s motion for remand or summary reversal is denied.
AFFIRMED.

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