United States v. Lewis Mitchell, 689 F. App'x 870 (9th Cir. 2017). · Go Syfert
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UNITED STATES of America, Plaintiff-Appellee,
v.
Lewis Lynn MITCHELL, Defendant-Appellant
16-30169.
Court of Appeals for the Ninth Circuit.
Apr 24, 2017.
Unpublished opinion
689 F. App'x 870
Tim Tatarka, Assistant U.S. Attorney, Office of the US Attorney, Billings, MT, Joseph E. Thaggard, Assistant U.S. Attorney, USMI — Office of the U.S. Attorney, Missoula, MT, for Plaintiff-Appellee, Lewis Lynn Mitchell, Pro Se
Gould, Clifton, Hurwitz.
Unpublished  |  Criminal

MEMORANDUM **

Lewis Lynn Mitchell 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.

Mitchell contends that he is entitled to a sentence reduction under Amendment 782 to the Sentencing Guidelines. We review de novo whether a defendant is eligible for a sentence reduction. See United States v. [*871] Leniear, 574 F.3d 668, 672 (9th Cir. 2009). Mitchell was sentenced as a career offender under U.S.S.G. § 4B1.1. Thus, his sentence was not “based on” a Guidelines range that was lowered by Amendment 782 and he is ineligible for a reduction. See 18 U.S.C. § 3582(c)(2); United States v. Wesson, 583 F.3d 728, 731 (9th Cir. 2009). Accordingly, contrary to Mitchell’s contention, the district court had no cause to consider the 18 U.S.C. § 3553(a) factors. See Dillon v. United States, 560 U.S. 817, 826-27, 130 S.Ct. 2683, 177 L.Ed.2d 271 (2010).

Mitchell’s contention that he should not have been sentenced as a career offender is not cognizable in a section 3582(c)(2) proceeding. See United States v. Waters, 648 F.3d 1114, 1118 (9th Cir. 2011).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.