United States of America v. Lechaun D. Baker

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
LECHAUN D. BAKER,
Defendant-Appellant.
No. 16-50497
D.C. No. 3:12-cr-00856-DMS
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Dana M. Sabraw, District Judge, Presiding
Submitted September 26, 2017**
Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges.
Lechaun D. Baker 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, and we affirm.
Baker contends that he is entitled to a sentence reduction under Amendment
* 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
OCT 2 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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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). Contrary to Baker’s contention, the
record reflects that the sentencing court determined that his offense involved 8.94
kilograms of actual methamphetamine. Even after Amendment 782, the base
offense level for that drug amount is 38. See U.S.S.G. § 2D1.1(c)(1)(2014).
Because Amendment 782 did not lower Baker’s applicable guideline range, the
district court correctly concluded that Baker is ineligible for a sentence reduction.
See 18 U.S.C. § 3582(c)(2); U.S.S.G. § 1B1.10(a); Leniear, 574 F.3d at 673-74.
AFFIRMED.

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