United States Tenth Circuit

In a crack cocaine distribution prosecution, dismissal of defendant's motion to reduce his sentence under 18 U.S.C. section 3582(c)(2) is affirmed where, for purposes of a sentence modification under section 3582(c)(2), the "applicable guideline range" and the range upon which a sentence was "based" was, as a matter of law, the range produced under the guidelines' sentencing table after a correct determination of the defendant's total offense level and criminal history category, but prior to any discretionary variances.

Appellate Information

• Decided 02/22/2010
• Published 02/22/2010

Judges

• TACHA, Circuit Judge., Before TACHA, HOLLOWAY, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Kirk C. Redmond, Assistant Federal Public Defender (Cyd Gilman, Federal Public Defender, with him on the brief), Office of the Federal Public Defender for the District of Kansas, Topeka, KS, appearing for Appellant.


• For Appellees:
  
• James A. Brown, Assistant United States Attorney (Marietta Parker, Acting United States Attorney, with him on the brief), Office of the United States Attorney for the District of Kansas, Topeka, KS, appearing for Appellee.