United States v. Larry D. Richards

SEYMOUR, Chief Judge.

In the present action, Mr. Richards filed a motion to modify his sentence pursuant to 18 U.S.C. § 3582(c)(2). In so doing, he relies upon amended commentary to the sentencing guidelines which excludes waste water from the definition of “mixture or substance” for purposes of weighing methamphetamine. The district court granted the motion and reduced Mr. Richards’ sentence from 188 months to 60 months. On appeal, the government concedes that the commentary changed the applicable guideline range but asserts that the commentary cannot alter the definition of “mixture or…