United States of America v. Fermin Gonzalez Almanzar

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
FERMIN GONZALEZ ALMANZAR,
Defendant - Appellant.
No. 15-30065
D.C. No. 2:01-cr-00006-DWM
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Donald W. Molloy, District Judge, Presiding
Submitted July 18, 2016**
Before: PREGERSON, LEAVY, and OWENS, Circuit Judges.
Fermin Gonzalez Almanzar appeals from the district court’s order granting
his motion for 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.
Paulk, 569 F.3d 1094, 1095 (9th Cir. 2009) (per curiam), we affirm.
FILED
JUL 20 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

-- 1 of 2 --

The district court reduced Almanzar’s sentence to 235 months, the bottom of
the amended Guidelines range. Almanzar argues that he is eligible for a more
substantial reduction because the court should have used a lower drug quantity to
calculate the amended range. We disagree. The district court did not have the
authority, under section 3582(c)(2), to reconsider the sentencing court’s drug
quantity determination. See Dillon v. United States, 560 U.S. 817, 825-26 (2010)
(proceedings under section 3582(c)(2) are not plenary resentencings). Almanzar
received the lowest sentence he could have received under section 3582(c)(2). See
U.S.S.G. § 1B1.10(b)(2)(A).
AFFIRMED.
15-30065 2

-- 2 of 2 --