United States v. Gutierrez

McHUGH, Circuit Judge.

I. INTRODUCTION

Defendant Jason Gutierrez is serving a 192-month term in federal prison. After the United States Sentencing Commission amended several of the guidelines under which he was sentenced, Mr. Gutierrez filed a motion under 18 U.S.C. § 8582(c)(2), asking the district court to reduce his sentence to 168 months. Instead, the district court reduced his sentence to 188 months, concluding it lacked authority to go any lower. Mr. Gutierrez appeals. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

II. BACKGROUND

Mr. Gutierrez pled guilty in 2006 to one count of…