United States of America v. Peng Xiang Li, a.k.a. Sgt. Stephen

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
PENG XIANG LI, a.k.a. Sgt. Stephen,
Defendant-Appellant.
No. 15-10503
D.C. No. 4:08-cr-00461-PJH
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Phyllis J. Hamilton, Chief Judge, Presiding
Submitted July 26, 2016**
Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.
Peng Xiang Li 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.
Li contends that he is entitled to a sentence reduction under Amendment 782
* 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 1 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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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.
Paulk, 569 F.3d 1094, 1095 (9th Cir. 2009). Li is not entitled to a sentence
reduction because his sentence was not “based on a sentencing range that has
subsequently been lowered by the Sentencing Commission.” 18 U.S.C.
§ 3582(c)(2). Rather, his sentence was based on the statutory mandatory
minimum under 21 U.S.C. § 841(b)(1)(A)(vii). Accordingly, the district court
properly denied relief. See U.S.S.G. § 1B1.10 cmt. n.1(A); Paulk, 569 F.3d at
1095.
AFFIRMED.

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