United States v. Quentin J. Mueller

JOHN P. MOORE, Circuit Judge.

The question presented by this appeal is whether a person sentenced under a superceded sentencing guideline for determining the weight of LSD is entitled to a reduced sentence based on the new guideline. Complicating the question, however, is the fact the defendant has already received a Fed.R.Crim.P. 35 reduction which lowered his sentence below the statutory mandatory minimum. We conclude whether to apply the amended guideline is determined by circumstances existing at the time of the original sentence; therefore, because defendant was subject to the mandatory…