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UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Donnell WATKINS, a.k.a. Dino Watkins, Defendant-Appellant

United States Court of Appeals for the Eleventh Circuit2016-04-20No. No. 15-13274
639 F. App'x 619

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Opinion

majority opinion

PER CURIAM:

Kenneth Watkins, proceeding with the assistance of counsel, appeals from the district court’s denial of his 18 U.S.C. § 3582(c)(2) motion to reduce his sentence based on Amendment 782 to the Sentencing Guidelines. The district court did not err in concluding that he was ineligible for a. sentence reduction, because his below-guideline 84-month sentence — which resulted from a downward variance and not from a government motion for substantial assistance — was below his amended guideline range. Moreover, Watkins’s argument that the policy statement in U.S.S.G. § 1B1.10(b)(2) violates the remedial goals of Booker is foreclosed by precedent. See Dillon v. United States, 560 U.S. 817, 130 S.Ct. 2683, 177 L.Ed.2d 271 (2010). For background, see United States v. Colon, 707 F.3d 1255 (11th Cir.2013).

AFFIRMED.

United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).