United States v. Willie Diggs

CUDAHY, Circuit Judge.

This case deals with the constitutional effect of the U.S. Sentencing Commission’s amendment to § 1B1.10, which is a policy statement essentially prohibiting courts from applying retroactive amendments to the guidelines to reduce the sentence of any defendant which was already below the minimum of the amended guidelines. The district court properly applied § 1B1.10 to Diggs’ case, found that this does not offend the ex post facto clause and finally, found that the commission did not exceed its delegated authority in its attempt to revise this policy. Accordingly, we…