U.S. v. Wren

Dist. Ct. erred in denying defendants’ requests to reduce their sentences on drug charges involving crack cocaine where both requests were based on retroactive changes to sentencing guidelines that reduced ratio between crack and powder cocaine, and where defendants were originally given sentences that were below statutory minimum due to their rendering of substantial assistance to prosecution. Dist. Ct. improperly found that section 5G1.1 of USSG applied and precluded defendants from any re-sentencing since their amended guideline ranges would not be reduced by retroactive changes to sentencing guidelines. Moreover, Dist. Ct. should have used section 1B1.10 of USSG, which would allow defendants to receive potentially lower sentence that also reflected any reward for their cooperation with prosecution.