U.S. v. Johnson

Dist. Ct. did not err in denying defendant’s motion under 18 USC section 3582(c)(2) to reduce his 60-month term of incarceration on crack cocaine possession charges even though defendant contended that reduction was warranted in light of retroactive change in sentencing guidelines applicable to crack cocaine offenses. Record showed that defendant’s sentence was based on applicable 120-month mandatory minimum for repeat drug offenders that had been reduced due to defendant’s cooperation with police officials, such that, under Poole, reduction under section 3582(c)(2) was improper if original sentence was based on statutory minimum sentence.