United States v. Aguilar-Canche

After defendant pleaded guilty in two separate federal drug distribution cases, the district court, in a consolidated sentencing proceeding, imposed the mandatory minimum sentence for each plea, and ordered that the sentences be served consecutively. Defendant subsequently moved for modification of his sentence pursuant to 18 U.S.C. 3582(c)(2), based on Amendment 782 to the Sentencing Guidelines. The court concluded that the consecutive nature of the sentences is not modifiable according to section 3582(c)(2) because it was not “based on” the Guideline range, notwithstanding the fact that it might have been if the district court had chosen to impose a different sentence. Accordingly, the court affirmed the district court's denial of the motion. View "United States v. Aguilar-Canche" on Justia Law