United States v. Sutton
Opinion of the Court
MEMORANDUM
Bruce Dwight Sutton appeals from the district court’s order granting his 18 U.S.C. § 3582(c)(2) motion for reduction of sentence. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Sutton contends that he is entitled to a further reduction of sentence based on the
The district court granted Sutton’s motion and reduced his sentence to 120 months, the statutory mandatory minimum at the time of sentencing. See 21 U.S.C. § 841(b)(1)(A) (2008). Because the FSA’s reduced mandatory mínimums do not apply to defendants sentenced before its effective date, a reduction in Sutton’s sentence below 120 months would not be consistent with the policy statements issued by the Sentencing Commission, and the district court properly declined to further modify Sutton’s sentence. See 18 U.S.C. § 3582(c)(2); U.S.S.G. § 1B1.10 cmt. n. 1(A); United States v. Augustine, 712 F.3d 1290, 1295 (9th Cir. 2013).
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
Reference
- Full Case Name
- United States v. Bruce Dwight SUTTON
- Cited By
- 1 case
- Status
- Published