United States of America v. Tomas Alvarado

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
TOMAS ALVARADO,
Defendant-Appellant.
No. 15-30199
D.C. No. 1:13-cr-00026-SPW
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Susan P. Watters, District Judge, Presiding
Submitted July 26, 2016**
Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.
Tomas Alvarado 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.
Alvarado contends that the district court abused its discretion by denying his
* 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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motion for a sentence reduction under Amendment 782 to the Sentencing
Guidelines. The district court acted within its discretion when it denied Alvarado
a sentence reduction based on his undisputed ties with an international drug cartel,
his extensive criminal history, and his post-offense conduct. See U.S.S.G.
§ 1B1.10 cmt. n.1(B); United States v. Lightfoot, 626 F.3d 1092, 1096 (9th Cir.
2010).
AFFIRMED.

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