United States Ninth Circuit

The district court's decision granting in part and denying in part defendant's motion for reduction of sentence following enactment of the Fair Sentencing Act is affirmed, where: 1) defendant did not waive her right to appeal the reduced sentence; 2) U.S.S.G. section 1B1.10, as revised by the Sentencing Commission, prohibits courts from reducing a defendant's term of imprisonment under the Act to a term that is less than the minimum of the amended guideline range; 3) section 1B1.10 is binding on courts; and 4) the revised section 1B1.10 does not conflict with the purpose of the Sentencing Guidelines, the statute that authorized the Commission to apply amendments retroactively, and is not arbitrary and capricious under the Administrative Procedures Act.

Appellate Information

• Decided 10/31/2013
• Published 10/31/2013

Judges

• NELSON

Court

• United States Ninth Circuit

Counsel