United States v. King, No. 12-2262-cr (2d Cir. Nov. 25, 2013) (Pooler, Raggi, and Wesley) (summary order), available here

This summary order affirms the district court's ruling that the defendant was not eligible for a reduced sentence under 18 U.S.C. 3582(c) and U.S.S.G. 1B1.10.

The defendant pled guilty in 1999, pursuant to a Rule 11(c)(1)(C) plea agreement, to two racketeering offenses: conspiracy to shoot a rival gang member and conspiracy to distribute cocaine and cocaine base. He was sentenced to 20 years of imprisonment, below the life term called for by the applicable Guidelines.

The panel held that the defendant was not eligible for a reduced sentence because his sentence was not "based on" a range that has subsequently been lowered by the Sentencing Commission. 18 U.S.C. 3582(c)(2). Rather, the sentence was based on the plea agreement, which did not expressly use a Guidelines sentencing range to establish the term of imprisonment, and on the government's request for a downward departure from a life sentence for the murder conspiracy.