Defendant's drug sentence is affirmed where the district court lacked authority to sentence him to less than the minimum of the amended guideline range because the Sentencing Commission's policy statements neither take away from its ability to define and limit its own policy statements under 18 U.S.C. section 994, nor undercut the binding effect of U.S.S.G. section 1B1.10.
Filed August 4, 2009
Opinion by Judge McKay
David E. Johnson, Denver, CO
Andrew A. Vogt, Assistant United States Attorney, Denver, CO