United States Ninth Circuit

The district court's denial of a motion pursuant to 18 U.S.C. section 3582(c)(2) for a sentence reduction in light of Sentencing Guidelines Amendment 782, which lowered by two levels the base offense level calculated for certain drug types and quantities, is affirmed where defendant’s original sentence was not 'based on' a subsequently lowered guideline range, and that he is therefore ineligible for a sentence reduction under the first requirement of section 3582(c)(2), where the record makes clear that the defendant's initial guideline range played no role in the sentencing court's determination of the appropriate sentence.

Appellate Information

• Published 2017/05/02

Judges

• McKEOWN

Court

• United States Ninth Circuit

Counsel