United States Eighth Circuit

In defendant's appeal following the district court's grant of his motion for a reduction in sentence pursuant to 18 U.S.C. section 3582(c)(2) and the 2008 Guidelines amendments, which retroactively reduced base offense levels for particular offenses involving cocaine base, the order is affirmed where, in section 3582(c)(2) proceedings, a district court lacks authority to reduce a defendant's sentence below the amended Guidelines range, and such proceedings did not constitute a full resentencing of the defendant.

Appellate Information

• Decided 05/12/2010
• Published 05/12/2010

Judges

Court

• United States Eighth Circuit

Counsel