United States Sixth Circuit

Defendants' drug possession sentences are affirmed where neither Defendant was eligible for a reduced sentence under 18 U.S.C. section 3582(c)(2), because their sentences were based solely on powder cocaine, meaning that Amendment 706 to the Guidelines would not have the effect of lowering their sentences.

Appellate Information

• Decided 06/30/2009
• Published 06/30/2009

Judges

• Before:  MOORE and GILMAN, Circuit Judges;  PHILLIPS, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  Andy P. Hart, Office of the Federal Public Defender, Toledo, Ohio, for Appellants.  Blas E. Serrano, Assistant United States Attorney, Cleveland, Ohio, for Appellee.