United States v. Garcia

I concur only in the result. Garcia’s inartful motion sought a sentence reduction based upon Amendment 794 to the sentencing guidelines. 18 U.S.C. § 3582(c)(2) permits a court to reduce an imposed sentence if the “sentencing range .. has subsequently been lowered by the Sentencing Commission ... if such a reduction is consistent with applicable policy statements issued by the Sentencing Commission.” Section IBI.1'0 of the guidelines contains the relevant policy statement: a sentence reduction under § 3582(c)(2) is permitted only if the amendment reducing the sentencing range is listed in USSG…