United States Tenth Circuit

Denial of defendant's motion to reduce his sentence pursuant to 18 U.S.C. section 3582, following a plea to distribution of crack cocaine within one thousand feet of a school, is affirmed where: 1) Guidelines Amendment 706, enacted after defendant was sentenced, had no effect on the career offender guidelines in U.S.S.G. section 4B1.1, which were the guidelines used in sentencing him; 2) thus, "a reduction" in his term of imprisonment "is not consistent with" the policy statement in section 1B1.10 and therefore was not authorized under section 3582(c)(2).

Appellate Information

• Decided 10/08/2008
• Published 10/08/2008

Judges

• BRISCOE, Circuit Judge., Before BRISCOE, MURPHY, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Patrick O. Sharkey, Pro Se.


• For Appellees:
  
• Eric F. Melgren, United States Attorney, District of Kansas, Wichita, KS;  James A. Brown, Assistant United States Attorney, District of Kansas, Topeka, KS, for Plaintiff-Appellee.