United States v. Eddie Argitakos and Christos Potamitis

Section 212(a)(2) of the Sentencing Reform Act of 1984 (“SRA”), 18 U.S.C. § 3582 (Supp. IV 1986), provides for a reduction of sentence for defendants whose original sentence was based on a sentencing range that has subsequently been lowered by the Sentencing Commission. This appeal presents the question of whether that Section authorizes the reduction of a sentence imposed on a defendant for offenses committed before the pertinent provisions of the SRA took effect. Because the Sentencing Act of 1987, Pub.L. No. 100-182 (Dec. 7, 1987), 101 Stat. 1266, provides that the SRA applies only to…