U.S. v. Cervantes

Defendant appealed from the district court’s denial of his motion to reduce his prison sentence under U.S.C. § 3582(c)(2). Defendant argued on appeal that a retroactive amendment to the federal sentencing guidelines, which authorized a two-level reduction for offenders with no criminal history, should be applied to reduce his sentence. The district court rejected this argument by finding that defendant was not eligible for a reduction because he had received an aggravating-role adjustment. The Seventh Circuit affirmed, finding that the role adjustment disqualified defendant from eligibility for a two-level reduction under the amendment.