United States v. Rodriguez-Soriano, No. 15-30039 (9th Cir. 2017)Annotate this Case
The Ninth Circuit affirmed the denial of defendant's motion for a sentence reduction under 18 U.S.C. 3582(c)(2), in light of Sentencing Guidelines Amendment 782, holding that defendant's original sentence was not actually "based on" a subsequently lowered guideline range. The Ninth Circuit noted that, given defendant's criminal history, in light of Amendment 780 and USSG 1B1.10(c), defendant's "applicable guideline range" would be lowered because of Amendment 782. However, because this inquiry goes only to the second requirement of section 3582(c)(2), it does not resolve whether, as a threshold matter, his original sentence was "based on" the guideline range the district court initially calculated.