Legal Opinion

United States v. Kim

Court of Appeals for the Ninth Circuit

Decided November 28, 2008No. 07-35995Published

1Opinion of the Court

MEMORANDUM **

Rodney H.S. Kim appeals pro se from the district court’s order denying his motion for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2). We have jurisdiction under to 28 U.S.C. § 1291, and we affirm.

Kim contends that the district court erred by denying his motion for a sentence reduction pursuant to United States Sentencing Guidelines Amendment 634, which took effect November 1, 2001, because the Amendment should be applied to his sentence retroactively. We conclude that the district court did not err because the Guidelines list of retroactive amendments does not include…

2Cases cited3 opinions

  1. United States v. Nilo Medina CuetoCourt of Appeals for the Ninth Circuit · 1993
  2. Carrington v. United StatesCourt of Appeals for the Ninth Circuit · 2007
  3. Carrington v. United StatesCourt of Appeals for the Ninth Circuit · 2008

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