U.S. v. Ray

Dist. Ct. did not err in denying defendant's motion under 18 USC section 3582(c) to reduce his 263-month term of incarceration on drug distribution charge that was imposed pursuant to terms of plea agreement, even though defendant had argued that reduction was appropriate where Sentencing Commission had subsequently issued Amendment 706, which lowered offense level for instant crack cocaine offense. No reduction in sentence was required since original sentence was based on stipulated term of imprisonment contained in plea agreement rather than on sentencing guidelines. Moreover, defendant's plea agreement did not reflect intent that sentence be modified if applicable guidelines were subsequently altered.