United States Ninth Circuit

Denial of a motion pursuant to 18 U.S.C. section 3582(c)(2) for reduction of sentence based upon the retroactive amendments to the Sentencing Guidelines governing crack cocaine is affirmed, where: 1) the district court's determination that it lacked jurisdiction to reduce the defendant's sentence because the sentence was not "based on" the Guidelines is compelled under United States v. Austin, as the defendant's Federal Rule Criminal Procedure 110(c)(1)(C) plea agreement neither called for him to be sentenced within a particular Guidelines range, nor made clear that the basis for the specified term is a Guidelines range applicable to the offense or showed that a sentencing range is evident from the agreement itself.

Appellate Information

• Decided 01/27/2015
• Published 01/27/2015

Judges

Court

• United States Ninth Circuit

Counsel