United States v. Gay

PHILLIPS, Circuit Judge.

Alondo Gay appeals the district court’s denial of his motion for a sentence reduction requested under 18 U.S.C. § 3582(c)(2). The district court denied his motion, concluding that Amendment 750 to the sentencing guidelines did not lower his sentencing range because his 1998 conviction involved too much cocaine base for him to qualify for relief. Gay does not contest this ruling. Instead, he attempts to use the § 3582(c)(2) proceeding as a stepping stone to this court to collaterally attack his original sentence under the Fifth and Eighth Amendments. When asked, Gay’s…