United States v. John Boe

DUHÉ, Circuit Judge:

John Boe appeals the district court’s denial of his post-conviction motion for reduction of sentence. For reasons that follow, we vacate and remand for resentencing.

BACKGROUND

Appellant John Boe pleaded guilty to manufacturing marijuana within 1,000 feet of a school, in violation of 21 U.S.C. § 841(a)(1) and 21 U.S.C. § 860. In January 1992, the district court sentenced Boe to 80 months of imprisonment to be followed by 8 years of supervised release.

In January 1996, Boe moved for modification of his sentence pursuant to 18 U.S.C. § 3582(c)(2), requesting that his sentence…