In an appeal from the district court's denial of defendant's motion for reduction of his drug and firearm possession sentence under 18 U.S.C. section 3582(c)(2), the district court's order is affirmed where the district court rejected defendant's applicable guidelines range, and reduced defendant's sentence pursuant to the 18 U.S.C. section 3553 factors, and thus any further reduction would not be consistent with the Sentencing Commission's policy statements.
Argued and Submitted March 9, 2009
Filed September 24, 2009
Opinion by Judge Hug
Rebecca Sullivan Silbert
Tracie L. Brown