United States v. Michael Andros

MEMORANDUM

■Michael Andros appeals the district court’s order denying his motion for reduction of sentence under 18 U.S.C. § 3582 (c)(2). We affirm. .

Section 3582(c)(2) allows a modification of a term of imprisonment when two requirements are satisfied: (1) the sentence is based on a sentencing range that subsequently has been lowered by the Sentencing Commission; and (2) such a reduction is consistent with applicable policy statements issued by the Sentencing Commission. See United States v. Waters, 648 F.3d 1114, 1116 (9th Cir.2011). Even assuming Andros can satisfy the first requirement, he cannot satisfy the second.

The applicable policy statement provides that a reduction in a defendant’s term of imprisonment is not authorized if an amendment to the Sentencing Guidelines “does not have the effect of lowering the defendant’s applicable guideline range.” U.S.S.G. § lB1.10(a)(2). The term “applicable guideline range” refers to the defendant’s guideline range before application of any departure or variance. See United States v. Pleasant, 704 F.3d 808 , 2013 WL 11892, at *3 (9th Cir. Jan.2, 2013). Andros’ pre-variance applicable guideline range was his career offender range…