Sykes

Jerome Sykes appeals from the district court’s denial in part of his motion to reduce his sentence pursuant to 18 U.S.C. § 3582 (c)(2). He contends that the district court’s modification of his sentence to the 120-month mandatory minimum term pursuant to 21 U.S.C. § 841 (b)(1)(A) constituted the application of a new sentence, in violation of Dillon v. United States, — U.S. —, 130 S.Ct. 2683 , 177 L.Ed.2d 271 (2010), and that the sentence the court ordered violates Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). We affirm because we conclude that the district court’s application of the 120-month mandatory minimum term pursuant to § 841(b)(1)(A) did not constitute the imposition of a new sentence.

I

A

On February 24, 2004, Jerome Sykes was indicted in the United States District Court for the District of Nevada on four counts of distribution of a controlled substance. In accordance with a written plea agreement, he pled guilty on May 17, 2004, to Count 1 of the indictment, distribution of at least 5 grams of a substance containing cocaine base, in violation of 21 U.S.C. § 841 (a)(1), (b)(l)(B)(iii) (1999); and Count 4, distribution of at…