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United States v. Colson

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT


March 10, 2009

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
ANDREW COLSON, DEFENDANT-APPELLANT.

Appeal from the United States District Court for the District of Nevada, Robert C. Jones, District Judge, Presiding, D.C. No. 2:03-CR-00559-RCJ.

FOR PUBLICATION

ORDER

Submitted February 23, 2009*fn1

Before: Alex Kozinski, Chief Judge, Michael Daly Hawkins and Ronald M. Gould, Circuit Judges.

Andrew Colson ("Colson") appeals from the district court's decision regarding a discretionary reduction of sentence under 18 U.S.C. § 3582(c)(2). Colson acknowledges that the district court's decision is not reviewable under United States v. Lowe, 136 F.3d 1231, 1233 (9th Cir. 1998), but argues that Lowe is no longer good law in light of United States v. Carty, 520 F.3d 984 (9th Cir. 2008) (en banc).

We find no conflict between Carty and Lowe, and we affirm that Lowe remains binding. Accordingly, the govern-ment's motion to dismiss for lack of jurisdiction is granted.

DISMISSED.


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