UNITED STATES of America, Plaintiff-Appellee, v. NAI CHING SAELEE, Defendant-Appellant, 383 F. App'x 656

MEMORANDUM Nai Ching Saelee appeals from the district court’s order denying his 18 U.S.C. § 3582(c)(2) motion for a reduction of his sentence. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Saelee contends that Amendment 706 to the United States Sentencing Guidelines, retroactively amending U.S.S.G. § 2D1.1 with respect to offenses involving crack cocaine, authorizes the district court to resentence him. The district court did not err by concluding that it lacked jurisdiction pursuant to

section 3582(c)(2) to modify Saelee’s sentence, as his sentence was premised upon the career offender provision of U.S.S.G. § 4B1.1. Thus, Saelee’s sentence is not based on a sentencing range that has subsequently been lowered by the Sentencing Commission, as required by

section 3582(c)(2). See United States v. Leniear, 574 F.3d 668, 673 (9th Cir.2009); see also United States v. Wesson, 583 F.3d 728, 731 (9th Cir.2009). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.