United States Ninth Circuit

In a drug prosecution, the denial of defendant's 18 U.S.C. section 3582(c)(2) motion for a reduced sentence is affirmed where section 3582(c)(2) does not require the district court to determine at all what sentence it would have imposed had Amendment 706 to the Sentencing Guidelines been in effect at the original sentencing, much less to do so mandatorily prior to determining whether a reduction is appropriate

Appellate Information

• Argued 06/08/2009
• Decided 09/15/2009
• Published 09/15/2009

Judges

• MICHAEL DALY HAWKINS, Circuit Judge:, Before: PROCTER HUG, JR., B. FLETCHER and HAWKINS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• David M. Porter, Assistant Federal Public Defender, Sacramento, CA, for the defendant-appellant., Philip A. Ferrari, Assistant United States Attorney, Sacramento, CA, for the plaintiff-appellee.