UNITED STATES of America, Plaintiff-Appellee, v. Jay KENT, Defendant-Appellant, 542 F. App'x 565

MEMORANDUM Jay Kent appeals the denial of his motion for reduction in sentence brought under 18 U.S.C. § 3582(c)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a), and we affirm. Assuming, without deciding, that Kent’s motion for reduction in sentence did not violate his plea agreement, our holding in United States v. Augustine, 712 F.3d 1290 (9th Cir.2013), forecloses Kent’s arguments that the Fair Sentencing Act’s mandatory mínimums should apply retroactively to defendants sentenced before the Act was enacted.

The district court did not abuse its discretion in denying Kent’s § 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.