U.S. v. Diggs

Dist. Ct. did not err in denying defendant’s motion to reduce his below-guidelines, 282-month sentence on drug distribution charge involving crack cocaine, even though defendant argued that Amendment 750, which came into effect after defendant’s sentence and which lowered base offense level by 78 months, should be retroactively applied to his sentence. Section 1B1.10 of USSG prohibited Dist. Ct. from reducing defendant’s sentence to term less than minimum of guideline range, where, as here, original sentence had not been reduced in response to govt. motion for substantial assistance. Moreover, defendant had no constitutional entitlement to retroactive reduction of his sentence.