United States v. Thomas Kruger

OPINION

RONALD LEE GILMAN, Circuit Judge.

Thomas Kruger was sentenced in 2009 to 120 months of imprisonment' for his drug offense, 68 months below the U.S. Sentencing Guidelines’ recommended range of 188 to 235 months. In 2014, the U.S. Sentencing Commission adopted Amendment 782 to the Guidelines. This Amendment, had it been in effect when Kruger was sentenced in 2009, would have reduced his sentencing range to 151 to 188 months of imprisonment.

In 2011, however, the Commission,promulgated Amendment 759, which prohibits the retroactive application of Guidelines amendments to those defendants,…