Defendants' drug possession sentences are affirmed where neither Defendant was eligible for a reduced sentence under 18 U.S.C. section 3582(c)(2), because their sentences were based solely on powder cocaine, meaning that Amendment 706 to the Guidelines would not have the effect of lowering their sentences.
Submitted: June 18, 2009
Decided and Filed: June 30, 2009
Opinion by Judge Moore
Andy P. Hart, Office of the Federal Public Defender, Toledo, OH