United States v. Franklin Thompson

OPINION

GREENAWAY, JR., Circuit Judge.

Appellants Franklin Thompson and Lamar Gibson appeal the District Court’s denial of their 18 U.S.C. § 3582(c)(2) motions for sentence reduction. 1 Section 3582(c)(2) permits a district court to exercise its discretion to reduce a sentence only if: (1) the sentence is “based on” a Guidelines range that has subsequently been lowered; and (2) a sentence reduction would be consistent with the Sentencing Commission’s policy statements. 18 U.S.C. § 3582(c)(2).

The Sentencing Commission’s policy statement applicable here prohibits a district court from reducing a…