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UNITED STATES of America, Plaintiff-Appellee, v. Calvin L. ROBINSON, Defendant-Appellant.
MEMORANDUM **
Calvin L. Robinson 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.
Robinson contends that he is eligible for a sentence reduction under Amendments 505 and 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). Robinson was convicted of offenses involving substances that corresponded to 180,981 kilograms of marijuana. Even after Amendment 505 and Amendment 782, the guideline range applicable to Robinson remains 360 months to life. See U.S.S.G. § 2D1.1(c)(1) (2014). Because neither amendment lowered Robinson'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 674.
To the extent Robinson challenges his underlying conviction and sentence, such claims are not cognizable in a section 3582(c)(2) proceeding. See Dillon v. United States, 560 U.S. 817, 831, 130 S.Ct. 2683, 177 L.Ed.2d 271 (2010).
AFFIRMED.
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Docket No: No. 17-16724
Decided: December 21, 2018
Court: United States Court of Appeals, Ninth Circuit.
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