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U.S. v. CHARLES

No. 12-50150.

749 F.3d 767 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Deon Andre CHARLES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 15, 2014.

Attorney(s) appearing for the Case

Jay A. Nelson (argued), Coleman & Balogh LLP, San Francisco, CA; Benjamin L. Coleman , Coleman & Balogh LLP, San Diego, CA, for Defendant-Appellant.

Jean-Claude Andre (argued), Assistant United States Attorney, Office of the United States Attorney, Los Angeles, CA; André Birotte Jr. , United States Attorney, Denise D. Willet , Assistant United States Attorney, Chief, Santa Ana Branch, Fred W. Slaughter , Assistant United States Attorney, Office of the United States Attorney, Santa Ana, CA, for Plaintiff-Appellee.

Before: FERDINAND F. FERNANDEZ, SUSAN P. GRABER, and MARY H. MURGUIA, Circuit Judges.

OPINION

FERNANDEZ, Circuit Judge:

Deon Andre Charles, a federal prisoner serving a 204-month sentence, appeals the district court's denial of his motion for a reduction of sentence. See 18 U.S.C. § 3582(c)(2). He contends that he is eligible for a sentence reduction because of the Fair Sentencing Act of 2010 ("FSA"), Pub.L. No. 111-220, 124 Stat. 2372, and United States Sentencing Guidelines ("Guidelines") Amendment 750.1

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