United States v. Jordan, No. 16-3084 (10th Cir. 2017)Annotate this Case
Defendant Gregory Jordan was sentenced to 168 months’ imprisonment pursuant to a Fed. R. Crim. P. 11(c)(1)(C) agreement that proposed a base offense level of 31 and a Guidelines range of 135 to 168 months. The district court accepted the plea agreement, despite a discrepancy between the parties’ agreed-upon sentencing range and the range calculated by the district court. After both ranges were subsequently lowered by the Sentencing Commission, Jordan moved for a reduced sentence under section 3582(c)(2). The district court denied relief, concluding that Jordan’s sentence was not “based on” the Guidelines and he was thus ineligible for a sentence reduction. The Tenth Circuit held, to the contrary, that Jordan’s sentence was “based on” the Guidelines for purposes of section 3582(c)(2). Accordingly, he was eligible for relief.