In a drug prosecution, a denial of defendant's 18 U.S.C. section 3582(c)(2) motion for a reduced sentence is affirmed where section 3582(c)(2) does not require the district court to determine at all what sentence it would have imposed had Amendment 706 to the Sentencing Guidelines been in effect at the original sentencing, much less to do so mandatorily prior to determining whether a reduction is appropriate.
Argued and Submitted June 8, 2009
Submission Vacated June 10, 2009
Resubmitted August 5, 2009
Opinion by Judge Hawkins
David M. Porter, Assistant Federal Public Defender, Sacramento, CA
Philip A. Ferrari, Assistant United States Attorney, Sacramento, CA