US v. Chaney, No. 08-10298

In a drug prosecution, a denial of defendant's 18 U.S.C. section 3582(c)(2) motion for a reduced sentence is affirmed where section 3582(c)(2) does not require the district court to determine at all what sentence it would have imposed had Amendment 706 to the Sentencing Guidelines been in effect at the original sentencing, much less to do so mandatorily prior to determining whether a reduction is appropriate.

Read US v. Chaney, No. 08-10298

Appellate Information

Argued and Submitted June 8, 2009

Submission Vacated June 10, 2009

Resubmitted August 5, 2009

Judges

Opinion by Judge Hawkins

Counsel

For Appellant:

David M. Porter, Assistant Federal Public Defender, Sacramento, CA

For Appellee:

Philip A. Ferrari, Assistant United States Attorney, Sacramento, CA