United States v. Antwine

ORDER AND JUDGMENT *

Harris L Hartz, Circuit Judge

Defendant Darrick Dion Antwine appeals from the district court’s dismissal of his motion to reduce his sentence under 18 U.S.C. § 8582(c)(2) for lack of jurisdiction. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm the dismissal. Because Defendant’s sentence was entered in accordance with a Fed. R. Crim. P. 11(c)(1)(C) plea agreement to a specific term of imprisonment not calculated under the Sentencing Guidelines, it was not “based on” the guidelines and § 3582(c)(2) cannot be applied to lower Mr. Antwine’s sentence.

We review de novo…