United States v. Avalos, 3:14-cr-00560

Defendant Victor Hugo Avalos was sentenced to 60 months in 2014 for importing methamphetamine (advisory Guidelines range 63–78 months after departures/variance produced an adjusted offense level of 26, CHC I; court imposed a 3-month variance to 60 months).
The Sentencing Commission adopted Amendment 782 (Nov. 2014), lowering most drug offense base offense levels by 2 levels and made the change retroactive.
Avalos and the government jointly moved under 18 U.S.C. § 3582(c) to reduce his sentence based on Amendment 782.
USSG § 1B1.10 governs calculation of an "amended Guideline range" and generally directs courts to compute that range before considering departures or variances, but contains an explicit exception for downward departures for substantial assistance (§ 5K1.1).
Avalos had received a 4-level Fast Track departure (§ 5K3.1), a 4-level substantial-assistance departure (§ 5K1.1), and a 3-month variance at the original sentencing; the question was which of those (if any) to include when calculating his amended Guidelines range.
A DEA lab report (submitted post-sentencing) showed over 7 kg of actual methamphetamine; the court also noted that this quantity would independently render Avalos ineligible for relief under USSG § 2D1.1(c)(1) and that § 3553(a) considerations weighed against reduction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether departures/variances granted at original sentencing count when computing the “amended Guideline range” under USSG § 1B1.10 for § 3582(c) relief	Joint motion (government + Avalos) sought reduction under Amendment 782; implicitly argued eligibility for a reduction based on amended base offense level	Avalos argued that the amended/applicable Guidelines range should be viewed to include the original departures/variance (so he remains eligible) and that excluding those affects only the court's authority, not eligibility	The court held the amended Guideline range is computed pre-departure and pre-variance; departures/variances generally do not count except a § 5K1.1 substantial-assistance departure may be reflected. Fast Track departure and the 3-month variance are excluded, so Avalos’s amended range increased and he is not eligible for a reduction.

Dillon v. United States, 560 U.S. 817 (Sup. Ct. 2010) (district courts must follow applicable policy statements when ruling on § 3582(c) motions)
United States v. Pleasant, 704 F.3d 808 (9th Cir. 2013) (adjusted guideline range for § 3582(c) is derived pre-departure and pre-variance)
United States v. Davis, 739 F.3d 1222 (9th Cir. 2014) (§ 1B1.10 excludes departures/variances except for substantial-assistance departures)
United States v. Tercero, 734 F.3d 979 (9th Cir. 2013) (discussing limits on reductions and the carve-out for substantial assistance)
United States v. Tadio, 663 F.3d 1042 (9th Cir. 2011) (district court may consider newly presented information about offense when exercising discretion under § 3553)