District court's denial of defendant's motion to reduce and modify his otherwise valid sentence pursuant to 18 U.S.C.section 3582(c)(2) is affirmed as the district court does not have authority under US v. Booker, 543 U.S. 220 (2005), to reduce a sentence beyond the retroactive United States Sentencing Guidelines amendment range.
Argued: Agust 4, 2009
Decided and Filed: October 27, 2009
Opinion by Circuit Judge Griffin
For Appellant: John G. Oliva, Nashville, Tennessee
For Appellee: Matthew J. Everett, Assistant United States Attorney, Nashville, Tennessee