UNITED STATES v. CORONA VERBERA (2018)

MEMORANDUM **

Felipe de Jesus Corona-Verbera 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.

Corona-Verbera 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). Corona-Verbera was convicted of offenses involving approximately 924 kilograms of cocaine. 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 Corona-Verbera's applicable guideline range, the district court correctly concluded that he 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. Contrary to Corona-Verbera's contention, once the district court determined his ineligibility, it was not required to consider the sentencing factors under 18 U.S.C. § 3553(a) before denying his section 3582(c)(2) motion. See Dillon v. United States, 560 U.S. 817, 826, 130 S.Ct. 2683, 177 L.Ed.2d 271 (2010) (the court first must determine that a sentence reduction under section 3582 is consistent with section 1B1.10 before it may consider whether the authorized reduction is warranted under the section 3553(a) factors).

AFFIRMED.