UNITED STATES v. AQUIL (2019)

MEMORANDUM **

Julio Aquil 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.

Aquil contends that he is eligible for a sentence reduction under Amendment 599 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). Amendment 599 provides that when a defendant has been convicted of both a drug trafficking offense and possession of a firearm in connection with that drug trafficking offense in violation of 18 U.S.C. § 924(c), a district court should not apply a firearm enhancement in calculating the guideline range applicable to the underlying drug trafficking offense. The record shows that the sentencing court did not apply a weapons enhancement when calculating the Guidelines range for Aquil's drug trafficking offenses. Accordingly, Amendment 599 did not have the effect of lowering Aquil's guideline range, and 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.

AFFIRMED.