United States v. Colson

ORDER

Andrew Colson (“Colson”) appeals the district court’s discretionary denial of his 18 U.S.C. § 3582(c)(2) sentence reduction motion. Although we have previously held that such decisions are not renewable on appeal, see United States v. Lowe, 136 F.3d 1231, 1233 (9th Cir.1998), Colson argues that Lowe is no longer good law in light of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), and United States v. Carty, 520 F.3d 984 (9th Cir.2008) (en banc).

We agree. After Booker and Carty each of which held that any element of a sentencing decision, whether…