United States Second Circuit

Two district court orders district court reducing defendants' terms of imprisonment under 18 U.S.C. section 3582(c)(2), but holding that U.S.S.G. section 1B1.10(b)(2)(A) prohibited the district court from departing or varying from the defendants' amended guideline ranges, is affirmed, where: 1) district court correctly concluded that section 1B1.10(b)(2)(A) prohibited any reduction of defendants' sentences to a term of imprisonment that fell below their amended guideline ranges; and 2) the amended guideline range is the range that would have been applicable to the defendant had the relevant amendments been in effect, and does not incorporate any departure a court previously granted under section 4A1.3.

Appellate Information

• Decided 05/30/2013
• Published 05/30/2013

Judges

• PER CURIAM

Court

• United States Second Circuit

Counsel