United States Tenth Circuit

Defendant's cocaine base possession sentence is affirmed where the district court properly denied defendant's motion to reduce his sentence under 18 U.S.C. section 3582(c)(2) and Amendment 706 to the Sentencing Guidelines because the applicable guideline range was the one calculated via the career-offender provision of U.S.S.G. section 4B1.1, which was unaffected by Amendment 706.

Appellate Information

• Decided 02/17/2010
• Published 02/17/2010

Judges

• TACHA, Circuit Judge., Before TACHA, SEYMOUR and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Rudy E. Verner, Davis Graham & Stubbs LLP, Denver, CO, for Appellant.


• For Appellees:
  
• John M. Hutchins, Assistant U.S. Attorney (David M. Gaouette, United States Attorney, and Michelle Korver, Assistant U.S. Attorney, with him on the brief), Denver, CO, for Appellee.