Avalos

ORDER DENYING JOINT MOTION FOR SENTENCE REDUCTION ( 18 U.S.C. § 3582 (c))

Victor Hugo Avalos has filed a motion to reduce his 60-month sentence for import *1198 ing methamphetamine into the United States, and government prosecutors support the motion. Although a federal sentence ordinarily can’t be changed after a judge imposes it, there is an exception. With the acquiescence of Congress, the United States Sentencing Commission is empowered to lower the sentencing ranges for offenses and apply the changes retroactively. See 18 U.S.C. § 3582 (c). That’s what happened here. In November 2014, the Sentencing Commission adopted Amendment 782, which lowered the sentencing ranges under the United States Sentencing Guidelines (“Guidelines” or “USSG”) by 2 levels for most drug' offenses. In a companion amendment— Amendment 782 — the Commission declared that the lowered ranges would be applied retroactively. Avalos was sentenced on October 6, 2014, before ■ the changes went into effect, so he can potentially benefit from them.

When the Sentencing Commission chooses to retroactively reduce the applicable range for a sentence, Congress has directed that “it shall specify in what…