United States First Circuit

Denial of motion for reduction of sentence is summarily affirmed where: 1) application of an amendment to the sentencing guidelines would not result in a lower sentence; 2) 18 U.S.C. section 3582(c) only allows a reduction where the Sentencing Commission, not the Supreme Court, lowers the applicable sentencing range, thus U.S. v. Booker does not apply; and 3) post-judgment rehabilitation provides no basis either for a sentencing reduction in its own right, or for a further downward departure where a section 3582(c) reduction is ordered for some other reason.

Appellate Information

• Decided 12/11/2006
• Published 12/11/2006

Judges

• PER CURIAM., Before BOUDIN, Chief Judge, SELYA and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Héctor Rodríguez-Peña on brief pro se.


• For Appellees:
  
• Nelson Pérez-Sosa, Assistant U.S. Attorney, Jacqueline D. Novas, Assistant U.S. Attorney, and Rosa Emilia Rodríguez-Velez, United States Attorney, on brief for appellee.