The district court granted a 18 U.S.C. §3582(c) motion and reduced the defendant's sentence from 121 months to 120 months after determining that it could not further reduce the sentence due to the mandatory minimum in effect at the time of his original sentencing. A §3582(c)(2) modification hearing is not the equivalent of an original sentencing hearing under Dorsey, therefore, the appellant is not entitled to retroactive application of the FSA's mandatory minimums. The trial court's judgment is affirmed. 5th U.S. Circuit Court of Appeals, No. 12-30936, 05-13-2013.
United States v. Kelly
May 20, 2013