United States Seventh Circuit

District court's sentence of a defendant convicted of drug possession with intent to distribute is affirmed where, although under the terms of the plea agreement defendant did not waive his right to seek a reduction in the length of the sentence under 18 U.S.C. section 3582(c)(2), defendant was ineligible to seek a sentence reduction because the "starting point" for defendant's sentence was the statutory, mandatory minimum sentence. Such minimum sentence was not reduced or otherwise affected by Amendment 706, which impacted only his base offense level, not his sentencing range.

Appellate Information

• Argued 01/15/2009
• Decided 09/01/2009
• Published 09/01/2009

Judges

• RIPPLE, Circuit Judge., Before RIPPLE, MANION and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Christina E. Haselberger, Assistant U.S. Attorney (argued), Office of the United States Attorney, Evansville, IN, for Plaintiff-Appellee., James C. Mckinley, Attorney (argued), Indiana Federal Community Defenders, Inc., Indianapolis, IN, for Defendant-Appellant.