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United States v. Lafayette

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Argued October 8, 2009

Before: SENTELLE, Chief Judge, TATEL, Circuit Judge, and WILLIAMS, Senior Circuit Judge.

Under section 3582(c)(2) of Title 18 of the United States Code, district courts may reduce a defendant’s sentence if it was imposed based on a Sentencing Guidelines range that has since been lowered. Relying on this provision, appellant moved for a sentence reduction based on a recent Guidelines amendment and also sought to use his motion as a vehicle to gain the retroactive benefit of Apprendi v. New Jersey,530 U.S. 466 (2000), and United States v. Booker, 543 U.S. 220 (2005). Because section 3582(c)(2) permits courts to consider only the consequences of Guidelines changes and does not reopen other elements of a sentence, we deny appellant’s Apprendi and Booker claims. And finding that the district court acted within its discretion in denying a sentence reduction based on the Guidelines amendment itself, we likewise reject the other aspects of his appeal.

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