UNITED STATES v. RAMIREZ (2018)

MEMORANDUM **

Sergio Ramirez 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.

Ramirez contends that he is eligible for a sentence reduction under Amendment 782 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. Leniear, 574 F.3d 668, 672 (9th Cir. 2009). Contrary to Ramirez's contention, the record reflects that the sentencing court determined that his offense involved 4.8 kilograms of actual methamphetamine. Even after Amendment 782, the base offense level for that drug amount is 38. See U.S.S.G. § 2D1.1(c)(1) (2014). Because Amendment 782 did not lower Ramirez's applicable guideline range, the district court correctly concluded that Ramirez is ineligible for a sentence reduction. See 18 U.S.C. § 3582(c)(2); U.S.S.G. § 1B1.10(a)(2)(B); Leniear, 574 F.3d at 673-74.

Ramirez's other claims are not properly before us because they are outside the scope of a section 3582(c)(2) motion. See Dillon v. United States, 560 U.S. 817, 831, 130 S.Ct. 2683, 177 L.Ed.2d 271 (2010).

AFFIRMED.