United States Ninth Circuit

Denial of a motion to modify a sentence under 18 U.S.C. section 3582(c)(2) on the basis of Sentencing Guidelines Amendment 750, which raised the quantity thresholds for certain offenses involving crack cocaine, is affirmed where: 1) the District Court lacked jurisdiction to modify the defendant's sentence because the amended Guidelines table would still yield a Guidelines range of life imprisonment; 2) a motion to modify a sentence under section 3582(c)(2) was not a proper vehicle for arguing that the district court failed to comply with Fed. R. Crim. P. 32(c) by not responding to each of the defendant's objections to the presentence report at sentencing in 2001; and 3) Guidelines Amendment 782 did not provide a basis for reversing the denial of the defendant's motion to modify his sentence.

Appellate Information

• Published 2016/06/02

Judges

• BEA

Court

• United States Ninth Circuit

Counsel