United States Third Circuit

Sentence for drug crimes is affirmed where: 1) the district court properly interpreted the policy statement of U.S.S.G. sec. 1B1.10(a)(2) and properly applied 18 U.S.C. sec. 3582(c)(2) in denying defendant's motion for reduction of sentence; 2) the applicable guideline range in U.S.S.G. sec. 1B1.10(a)(2) refers to the defendant's mandatory minimum sentence, which was not affected by Amendment 706; and 3) the court properly concluded that it lacked the authority to further reduce the defendants' sentences as Booker did not apply.

Appellate Information

• Argued 01/07/2009
• Decided 04/30/2009
• Published 04/30/2009

Judges

• Before:  FUENTES, FISHER and ALDISERT, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Maureen Kearney Rowley, David L. McColgin, Sarah S. Gannett (Argued), Federal Community Defender Office, for the Eastern District of Pennsylvania, Philadelphia, PA, for Appellants.


• For Appellees:
  
• Laurie Magid, Robert A. Zauzmer, Bernadette A. McKeon (Argued), Joseph Whitehead, Jr., Office of the United States Attorney, Philadelphia, PA, for Appellee.