UNITED STATES v. MOSBY (2020)

MEMORANDUM **

Dray Terry Mosby 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.

Mosby contends that he is eligible for a sentence reduction under section 404 of the First Step Act of 2018 and Amendment 750 to the Sentencing Guidelines. The record reflects that Mosby was convicted of conspiracy to distribute methamphetamine and sentenced to the statutory minimum term set forth in 21 U.S.C. §§ 841(b) and 846. Contrary to Mosby's contention, neither the First Step Act nor Amendment 750 authorized the district court to modify this sentence. See First Step Act § 404(b) (permitting limited resentencing of defendants sentenced for crack cocaine offenses); United States v. Charles, 749 F.3d 767, 770-71 (9th Cir. 2014) (Amendment 750 modified drug guidelines for defendants sentenced for crack cocaine offenses); see also United States v. Sykes, 658 F.3d 1140, 1146 (9th Cir. 2011) (“retroactive amendment to the Guidelines cannot reduce a sentence below the statutory minimum term”).

We decline to consider Mosby's additional claims because they are raised for the first time on appeal. See United States v. Valdez-Novoa, 780 F.3d 906, 914 (9th Cir. 2015).

AFFIRMED.