Sentence reduction based on retroactive amendment of sentencing guidelines is not appropriate if downward variance was given at original sentencing

SENTENCING United States v. Brown, No. 08-8043, ___ F.3d ___ (10th Cir. Feb. 27, 2009)(Wyoming). Appeal of district court’s denial of defendant’s motion to reduce sentence under 18 U.S.C. § 3582(c)(2) because of retroactive modification to United States Sentencing Guidelines that lowered sentences for crack cocaine offenses. HELD: District court did not abuse discretion by denying defendant’s motion brought under 18 U.S.C. § 3582(c)(2). In this instance, on defendant’s motion at original sentencing, district court varied downward from guidelines range to reduce sentence in order to account for cocaine/crack cocaine sentencing disparity. Thus, defendant essentially received same sentence reduction at his original sentencing as he would have been afforded under later-amended but retroactive guidelines. Generally, sentence reduction is not appropriate if defendant has already received downward variance at original sentencing. Read the opinion here.