United States v. Benitez, No. 15-41160 (5th Cir. 2016)Annotate this Case
Defendant pleaded guilty to possession with the intent to distribute a controlled substance and was sentenced to 63 months in prison, followed by four years of supervised release. Defendant filed a pro se motion for a sentence reduction under 18 U.S.C. 3582(c)(2) based on the retroactive Amendment 782 to the Sentencing Guidelines. The district court denied the motion. Because defendant's sentence was not “based on” the quantity of cocaine involved or the advisory guideline range, the district court had no authority to reduce it under section 3582(c)(2). Therefore, the district court did not abuse its discretion in denying defendant's section 3582(c)(2) motion. The court affirmed the judgment.