United States Ninth Circuit

In a case examining how much a sentence can be reduced based on a retroactive amendment to the Sentencing Guidelines, the District Court's downward departure in sentence for conviction of possessing crack cocaine with the intent to distribute it, in violation of 21 U.S.C. section 841(a)(1), and carrying a .45 caliber handgun during and in relation to a drug crime, in violation of 18 U.S.C. section 924(c)(1), is reversed and remanded where Policy Statement 1B1.10(b) does not perform the function of a Sentencing Guideline and does not circumvent the procedural requirements for promulgating a Guideline.

Appellate Information

• Decided 02/07/2011
• Published 02/07/2011

Judges

• O'SCANNLAIN

Court

• United States Ninth Circuit

Counsel