UNITED STATES v. BRINKLEY (2019)

Sherrell Gary Brinkley appeals the district court's order denying his 18 U.S.C. § 3582(c)(2) (2012) motion, in which Brinkley sought a reduction of his sentence based on Amendment 591 of the U.S. Sentencing Guidelines. We affirm.

Amendment 591 was promulgated “to emphasize that the sentencing court must apply the offense Guideline referenced in the Statutory Index for the offense of conviction.” United States v. Grecco, 342 F. App'x 739, 745 (3d Cir. 2009) (internal quotation marks and alteration omitted). Contrary to Brinkley's position, the Amendment does not foreclose a sentencing court, once it determines the appropriate offense Guideline based on the Statutory Index, from applying any cross-reference sanctioned by that Guideline. Id. at 745-46; see also United States v. Hurley, 374 F.3d 38, 40 (1st Cir. 2004); Galloway v. United States, 62 F. App'x 261, 262 (10th Cir. 2003).

Because Amendment 591 did not, as Brinkley contends, preclude the use of cross-references, we affirm the denial of the § 3582(c)(2) motion. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED

PER CURIAM:

Affirmed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.