United States v. Rhodes

BRISCOE, Circuit Judge.

Defendant Theomas Rhodes was originally sentenced in 1997 for his role in a conspiracy to possess with intent to distribute crack cocaine. Following the Sentencing Commission’s 2007 amendment of the crack cocaine-related Sentencing Guidelines, Rhodes sought and was granted a modification of his sentence pursuant to 18 U.S.C. § 3582(e)(2). Rhodes now appeals his modified sentence, claiming the district court erred in concluding that it lacked the authority to impose a sentence below the amended guideline range. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and…