In an appeal from the district court's denial of defendant's motion to reduce his sentence under 18 U.S.C. section 3582(c)(2), the order is affirmed where the district court lacked authority to reduce defendant's sentence because the sentence, which was eleven years shorter than the low end of the applicable advisory Guidelines range, was not based on a sentencing range that had subsequently been lowered by the Sentencing Commission.
Argued and Submitted April 7, 2009
Filed September 8, 2009
Opinion by Judge Fletcher
Helen J. Brunner, Assistant United States Attorney, Seattle, WA