District court’s sentence of a defendant convicted of drug possession with intent to distribute is affirmed where, although under the terms of the plea agreement defendant did not waive his right to seek a reduction in the length of the sentence under 18 U.S.C. section 3582(c)(2), defendant was ineligible to seek a sentence reduction because the “starting point” for defendant’s sentence was the statutory, mandatory minimum sentence. Such minimum sentence was not reduced or otherwise affected by Amendment 706, which impacted only his base offense level, not his sentencing range.
Read US v. Monroe, No. 08-2945
Appellate Information
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division.Argued January 15, 2009Decided September 1, 2009
Judges
Before Ripple, Manion, and Evans, Circuit Judges Opinion by Ripple, Circuit Judge.
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