United States of America v. SOCORRO LOYA-CHAVEZ, AKA Carlos Guerro

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
SOCORRO LOYA-CHAVEZ, AKA Carlos
Guerro,
Defendant-Appellant.
No. 19-10003
D.C. No. 3:98-cr-00133-CRB-3
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Charles R. Breyer, District Judge, Presiding
Submitted August 19, 2019**
Before: SCHROEDER, PAEZ, and HURWITZ, Circuit Judges.
Socorro Loya-Chavez 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. Reviewing de novo, see United States v.
Wesson, 583 F.3d 728, 730 (9th Cir. 2009), 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).
FILED
AUG 22 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 19-10003
Loya-Chavez contends that he is entitled to a sentence reduction under
Amendment 782 to the Sentencing Guidelines. Contrary to his assertion, Loya-
Chavez was not sentenced under U.S.S.G. § 2D1.1, but rather was sentenced as a
career offender under U.S.S.G. § 4B1.1. Therefore, his sentence was not “based
on” a Guidelines range that was lowered by Amendment 782, and he is ineligible
for a sentence reduction. See 18 U.S.C. 3582(c)(2); Wesson, 583 F.3d at 731.
In light of this disposition, we do not reach the government’s alternative
argument.
AFFIRMED.

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