United States Second Circuit

Sentence for conspiracy to distribute five kilograms or more of cocaine, 21 U.S.C. sections 846 and 841(a)(1), (b)(1)(A), is affirmed over defendant's claim of an Ex Post Facto violation when the district court erred in denying his motion for a reduction in sentence under 18 U.S.C. section 3582(c)(2), where a 2011 Amendment to U.S.S.G. section 1B1.10(b) prohibits a sentence reduction where the defendant's initial sentence is below the minimum of the amended Guidelines range.

Appellate Information

• Published 2017/01/25

Judges

• DRONEY

Court

• United States Second Circuit

Counsel