UNITED STATES of America, Plaintiff-Appellee, v. Abraham Ferrel GUTIERREZ, Defendant-Appellant, 363 F. App'x 500

MEMORANDUM Abraham Ferrel Gutierrez appeals from the district court’s order denying his 18 U.S.C. § 3582(c)(2) motion for reduction of sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. Gutierrez contends that the district court erred when it denied his motion for a sentence reduction, pursuant to 18 U.S.C. § 3582(c)(2). The district court correctly determined that it did not have the authority to reduce Gutierrez’s sentence because Amendment 706 did not affect the applicable sentencing range. See 18 U.S.C. § 3582(c); see also United States v. Leniear, 574 F.3d 668, 674 (9th Cir.2009).

We reject Gutierrez’s contention that application of § 3582(c)(2) to the drug quantity in his case renders his Guidelines’ range mandatory. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.