United States Tenth Circuit

A modified sentence for defendant's role in a conspiracy to possess with intent to distribute crack cocaine is affirmed over a claim that the district court erred in concluding that, in modifying his sentence pursuant to 18 U.S.C. section 3582(c)(2), it lacked the authority to impose a sentence less than the minimum of the amended guideline range. Booker does not apply to sentence modification proceedings under section 3582(c)(2).

Appellate Information

• Decided 12/05/2008
• Published 12/08/2008

Judges

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

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Barbara A. Mandel, Assistant Federal Public Defender, Las Cruces, NM, for Defendant-Appellant., Terri J. Abernathy, Assistant United States Attorney, (Gregory J. Fouratt, United States Attorney, on the brief), Las Cruces, NM, for Plaintiff-Appellee.