United States First Circuit

District court's denial of defendant's motion to modify his sentence of 72-months for crack and other drug related offenses is affirmed where: 1) defendant was sentenced to a term of imprisonment that was "based on a sentencing range" of 120 months to 135 months, and his reduced sentence represented a 40% deviation from the bottom of that range; and 2) defendant's sentencing range has not been "lowered" within the meaning of section 3582(c)(2).

Appellate Information

• Decided 06/02/2010
• Published 06/02/2010

Judges

• LIPEZ, Circuit Judge., Before LYNCH, Chief Judge, LIPEZ and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Chauncy B. Wood, Wood & Nathanson LLP, for appellant.


• For Appellees:
  
• Seth R. Aframe, Assistant United States Attorney, with whom John P. Kacavas, United States Attorney, Michael J. Gunnison, Acting United States Attorney, and Aixa Maldonado-Quiñones, Assistant United States Attorney, were on brief, for appellee.