United States v. Contreras

Defendant pleaded guilty to conspiracy to possess with intent to distribute more than five kilograms of cocaine. Because he agreed to waive his right to appeal, the government recommended that the district court grant a one-level reduction of his offense level under U.S.S.G. 5K2.0. The Sentencing Commission then amended the Sentencing Guidelines to reduce most drug-related base offense levels by two; that amendment later became retroactively applicable to inmates, like defendant, who were sentenced before the amendment took effect. The district court granted defendant's motion to modify his sentence to take advantage of the amendment, finding that his total offense level was now 33 and sentenced defendant to 135 months. Defendant appealed, arguing that the district court not only should have reduced his total offense level to 33 but also should have re-imposed the downward departure under USSG 5K2.0. The court rejected defendant's argument, concluding that the Sentencing Guidelines make clear that, in granting his 18 U.S.C. 3582(c)(2) motion, the district court was not authorized to re-impose the downward departure. Because defendant did not receive a reduction for substantial assistance, the district court could not reduce his sentence further by applying the section 5K2.0 departure it had previously applied. Accordingly, the court affirmed the judgment. View "United States v. Contreras" on Justia Law