FILED
                        UNITED STATES COURT OF APPEALS                       MAR 05 2010

                                                                         MOLLY C. DWYER, CLERK
                                FOR THE NINTH CIRCUIT                     U.S . CO U RT OF AP PE A LS




 UNITED STATES OF AMERICA,                        No. 08-30283

                 Plaintiff - Appellee,            D.C. No. 3:03-cr-00370-GMK
                                                  District of Oregon,
   v.                                             Portland

 MARSHALL CHARLES RICHMOND,
                                                  ORDER
                 Defendant - Appellant.



Before:          SILVERMAN, RAWLINSON, and CLIFTON, Circuit Judges.

        The memorandum disposition filed on October 2, 2009 is withdrawn, and

the mandate is recalled.

        A new memorandum disposition has been filed concurrently with this order.

        No further filings shall be accepted, and the mandate shall be issued

forthwith.




D AT /Research
                                                                           FILED
                               NOT FOR PUBLICATION                          MAR 05 2010

                                                                        MOLLY C. DWYER, CLERK
                        UNITED STATES COURT OF APPEALS                   U.S . CO U RT OF AP PE A LS




                               FOR THE NINTH CIRCUIT



 UNITED STATES OF AMERICA,                         No. 08-30283

                 Plaintiff - Appellee,             D.C. No. 3:03-cr-00370-GMK

   v.
                                                   MEMORANDUM *
 MARSHALL CHARLES RICHMOND,

                 Defendant - Appellant.




                       Appeal from the United States District Court
                                for the District of Oregon
                         Garr M. King, District Judge, Presiding

                             Submitted September 14, 2009**

Before:          SILVERMAN, RAWLINSON, and CLIFTON, Circuit Judges.

        Marshall Charles Richmond appeals from the district court's order granting

in part his motion for a reduction in sentence under 18 U.S.C. y 3582 based on the


          *
             This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
          **
            The panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).

D AT /Research
retroactive amendment to the Sentencing Guidelines that reduces penalties for

cracµ cocaine offenses. We have jurisdiction under 28 U.S.C. y 1291, and we

affirm.

         Richmond contends that the district court erred by not affording him

allocution prior to its resentencing determination. This contention lacµs merit. See

Fed. R. Crim. P. 43(b); see also Boardman v. Estelle, 

, 1530 (9th

Cir. 1992). The district court also did not abuse its discretion in failing to conduct

an evidentiary hearing. See United States v. Leonti, 

, 1116 (9th Cir.

2003).

         Richmond further contends that the court abused its discretion in not

imposing a lower sentence, and that the court failed to sufficiently explain its

reasoning. These arguments are belied by the record. See United States v. Colson,

, 916 (9th Cir. 2009) (order).

         We decline to reach Richmond's additional conclusory contentions because

they are beyond the scope of our review of a y 3582 proceeding. See United States

v. Leniear, 

, 673 (9th Cir. 2009).

         Richmond's motion to striµe the correspondence received on June 23, 2009,

is granted.

         AFFIRMED.


D AT/Research                               2                                      08-30283