United States of America v. Eliseo Lopez Martinez, a.k.a. Mateo, a.k.a. Teo

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ELISEO LOPEZ MARTINEZ, a.k.a.
Mateo, a.k.a. Teo,
Defendant-Appellant.
No. 15-30362
D.C. No. 1:13-cr-00026-SPW
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Sam E. Haddon, District Judge, Presiding
Submitted July 26, 2016**
Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.
Eliseo Lopez Martinez 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. We review for abuse of discretion, see
* 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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2 15-30362
United States v. Dunn, 728 F.3d 1151, 1155 (9th Cir. 2013), and we affirm.
Lopez Martinez contends that the district court should have reduced his
sentence under Amendment 782 in light of his positive post-sentencing conduct,
his age, and the fact that he will be deported upon his release from prison.
Contrary to Lopez Martinez’s contention, the record reflects that the district court
considered these circumstances, but concluded that a reduction was not warranted
because of the “extreme danger to the community” that Lopez Martinez poses and
because of his leadership role in the offense. The district court did not abuse its
discretion in denying Lopez Martinez’s motion. 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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