U.S. v. Jehan

Dist. Ct. did not err in denying defendant’s second motion to reduce his 240-month sentence under 18 USC section 3582(c)(2) based on retroactive application of Amendment 782 to USSG, even though defendant argued that said Amendment changed his guideline range on drug conspiracy conviction. Dist. Ct. could properly find that drug quantities set forth in presentence report to which defendant did not object supported finding that defendant was responsible for such large quantities of narcotics that his base level and corresponding guidelines range was not reduced by Amendment 782, where quantities set forth in presentence report were at highest levels of current guideline range. Fact that plea agreement set forth smaller drug quantity did not require different result, since Dist. Ct. may make new findings of fact to determine defendant’s base level when retroactive amendment alters relevant drug-quantity thresholds, where, as here, record supported new drug-quantity findings.