Decided July 13, 2009
Before: Miner, Cabranes, and Hall, C.JJ.

Defendant-appellant Martin P. Martinez appeals from the June 26, 2008 final order of the District Court for the Southern District of New York (Richard M. Berman, Judge) denying his motion for sentence reduction pursuant to 18 U.S.C. §3582(c)(2). We agree with the District Court that, because Martinez was sentenced as a career offender, his sentence was not “based on a sentencing range that has subsequently been lowered,” 18 U.S.C. §3582(c)(2). He is, therefore, ineligible for sentence reduction. The judgment of the District Court is therefore affirmed.

Amie N. Ely (Lev L. Dassin, Acting United States Attorney for the Southern District of New York, on the brief, Andrew L. Fish, Assistant United States Attorney, of counsel), Office of the United States Attorney for the Southern District of New York, New York, NY, for Appellee.