United States v. Gilbert Brito

Dissent by Judge McKEOWN

*877OPINION

W. FLETCHER, Circuit Judge:

In April 2015, Gilbert Brito filed a motion under 18 U.S.C. § 3582(c)(2) to reduce his sentence for possession of heroin with intent to distribute. Section 3582(c)(2) authorizes a reduction of a defendant’s “term of imprisonment” if the U.S. Sentencing Commission has lowered the applicable guideline range pursuant to 28 U.S.C. § 994(o). In November 2014, the Sentencing Commission had reduced by two most of the offense levels on the Drug Quantity Tables. The effect of the change was to reduce the sentencing guideline range for many drug…