United States Ninth Circuit

In an appeal from the district court's denial of defendant's motion to reduce his sentence under 18 U.S.C. section 3582(c)(2), the order is affirmed where the district court lacked authority to reduce defendant's sentence because the sentence, which was eleven years shorter than the low end of the applicable advisory Guidelines range, was not based on a sentencing range that had subsequently been lowered by the Sentencing Commission.

Appellate Information

• Argued 04/07/2009
• Decided 09/08/2009
• Published 09/08/2009

Judges

• BETTY B. FLETCHER, Circuit Judge:, Before: B. FLETCHER, A. WALLACE TASHIMA, and SIDNEY R. THOMAS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Juanita Holmes, Law Offices of Ellis, Holmes & Witchley, PLLC, Seattle, WA, for the defendant-appellant., Jeffrey C. Sullivan, United States Attorney, and Helen J. Brunner, Assistant United States Attorney (argued), Seattle, WA, for the plaintiff-appellee.