United States Ninth Circuit

In an appeal from the district court's denial of defendant's motion for reduction of his drug and firearm possession sentence under 18 U.S.C. section 3582(c)(2), the district court's order is affirmed where the district court rejected defendant's applicable guidelines range, and reduced defendant's sentence pursuant to the 18 U.S.C. section 3553 factors, and thus any further reduction would not be consistent with the Sentencing Commission's policy statements.

Appellate Information

• Argued 03/09/2009
• Decided 09/24/2009
• Published 09/24/2009

Judges

• HUG, Circuit Judge:, Before: PROCTER HUG, JR. and CARLOS T. BEA, Circuit Judges, and NANCY G. EDMUNDS, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Rebecca Sullivan Silbert, Federal Public Defender, Oakland, CA, for the appellant.


• For Appellees:
  
• Tracie L. Brown, Assistant United States Attorney, San Francisco, CA, for the appellee.