United States v. Ramirez, No. 15-2570 (2d Cir. 2017)Annotate this Case
After defendant pleaded guilty to one count of conspiracy to distribute five kilograms or more of cocaine, the district court sentenced him to 210 months in prison. Defendant moved for a sentence reduction under 18 U.S.C. 3582(c)(2), arguing that Amendments 782 and 788 of the Sentencing Guidelines lowered his applicable Guidelines range. The district court denied the motion because a 2011 Amendment to U.S.S.G. 1B1.10(b) prohibited a sentence reduction where the defendant’s initial sentence was below the minimum of the amended Guidelines range. The court affirmed the judgment and held that Amendment 759’s application prohibiting defendant from taking advantage of Amendment 782 does not violate the Ex Post Facto Clause.