U.S. v. SIPAI

No. 08-10300.

582 F.3d 994 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Harold SIPAI, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 24, 2009.


Attorney(s) appearing for the Case

Rebecca Sullivan Silbert, Federal Public Defender, Oakland, CA, for the appellant.

Tracie L. Brown, Assistant United States Attorney, San Francisco, CA, for the appellee.

Before: PROCTER HUG, JR. and CARLOS T. BEA, Circuit Judges, and NANCY G. EDMUNDS, District Judge.


HUG, Circuit Judge:

Harold Sipai appeals from the district court's denial of his motion for reduction of sentence under 18 U.S.C. § 3582(c)(2). The district court held that it lacked jurisdiction to reduce Sipai's sentence. We agree. Because the sentencing court rejected Sipai's applicable guidelines range, and reduced Sipai's sentence pursuant to the 18 U.S.C. § 3553 factors, any further reduction would not be consistent with the Sentencing Commission's...

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