U.S. v. Jehan

Dist. Ct. did not err in denying defendant’s motion under 18 USC section 3582(c)(2) to reduce his 240-month sentence on drug conspiracy charge, where Dist. Ct. properly found that defendant’s sentence was based on his binding guilty plea agreement and not on Guideline range affected by amendment to Sentencing Guidelines. While under Freeman, 131 S.Ct. 2685, defendants who enter into binding plea agreements might be entitled to sentencing reduction where sentence imposed under agreement was based on amended Guideline range, Ct. rejected defendant’s argument that his sentence was based on Guideline sentencing range, where plea agreement did not expressly link defendant’s offense level and criminal history to original 300-month sentence imposed in instant case. As such, said sentence could not be based on Guidelines, and thus was not eligible for further reduction under section 3582(c)(2). Fact that plea agreement provided for possibility of Rule 35(b) reduction in sentence did not require different result.