9th Cir.;
16-50243

The court of appeals vacated a judgment of sentence and remanded. The court held that an amendment to the U.S. Sentencing Guidelines that reduced the recommended sentence for certain drug offenses did not eliminate the downward departures for which a previously sentenced defendant had been found eligible.

D.M. pleaded guilty to possession with intent to distribute, triggering a mandatory minimum sentence of 120-months incarceration and five years of supervised release. Based on D.M.'s acceptance of responsibility and willingness to assist law enforcement, the government moved for imposition of a sentence below the 120-month statutory minimum. With adjustments for acceptance of responsibility, minor role, fast track, and substantial assistance, D.M.'s offense level was reduced from 38 to 21, producing an adjusted guideline range of 57 to 71 months. He was sentenced to 57 months imprisonment, plus five years of supervised release. The U.S. Sentencing Commission subsequently passed Amendment 782, which lowered the recommended sentence for drug offenses. The Commission also promulgated Amendment 788, which allowed courts to apply Amendment 782 retroactively. D.M., joined by the government, moved for a sentence reduction.