UNITED STATES of America, Plaintiff-Appellee, v. Bruce Edward JIMERSON, Defendant-Appellant, 479 F. App'x 804

MEMORANDUM Bruce Edward Jimerson appeals from the district court’s order denying his 18 U.S.C. § 3582(c)(2) motion for reduction of sentence based on the retroactive amendments to the Sentencing Guidelines that lowered penalties for crack cocaine offenses. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Jimerson contends that the district court violated his right to due process by failing to conduct an evidentiary hearing before denying a sentence reduction.

The district court acted within its discretion when it denied Jimerson a sentence reduction based on numerous instances of prison misconduct and public safety concerns. See U.S.S.G. § 1B1.10 cmt. n. 1(B); United States v. Lightfoot, 626 F.3d 1092, 1096 (9th Cir.2010). The court did not violate Jimerson’s due process rights by declining to conduct an evidentiary hearing concerning his prison misconduct, where Jimerson admitted to the misconduct in his

section 3582(c)(2) motion. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.