Lightfoot
United States v. Lightfoot
Opinion
Opinion
Fernandez, J.
Diego Lightfoot appeals the district court’s denial of his motion to modify his sentence. 18 U.S.C. § 3582 (c)(2). We affirm.
BACKGROUND
Pursuant to a plea agreement signed on November 1, 2004, Lightfoot was convicted on January 13, 2005, of three offenses: felon in possession of a firearm and ammunition, 18 U.S.C. § 922 (g)(1); possession of a controlled substance — crack cocaine— with intent to distribute, 21 U.S.C. § 841 (a)(1), (b)(1)(B); and use of firearm in furtherance of a drug trafficking crime, 18 U.S.C. § 924 (c)(1)(A), (D). Based on a total offense level of 23 and a criminal history category of IV, the range under the Sentencing Guidelines (“Guidelines”) was established at 130 to 147 months. The district court sentenced Lightfoot to 130 months imprisonment and five years of supervised release.
The Guidelines for crack cocaine violations were amended after Lightfoot was sentenced. Amendment 706 to the Guidelines (hereafter “the Amendment”) authorizes reductions for sentences based on crack cocaine violations that were imposed before November 1, 2007. See United States v. Chaney, 581 F.3d 1123, 1125 (9th Cir.2009); USSG App. C, amend. 706. The Sentencing…