United States v. Lubio, 697 F. App'x 591

In 2010, Francisco Lubio pleaded guilty to conspiracy to distribute/possess with intent to distribute >50 grams of methamphetamine; he admitted to possessing 330.9 grams.
PSR assigned base offense level 34, reduced 3 levels for acceptance, yielding total offense level 31 and a Guideline range of 108–135 months (CH I).
Because the offense involved ≥50 grams, a statutory mandatory minimum of 10 years (120 months) applied, shifting the applicable Guideline range to 120–135 months; the district court imposed the 10-year mandatory minimum.
In 2016 Lubio moved under 18 U.S.C. § 3582(c)(2) seeking a sentence reduction based on Sentencing Commission Amendment 782 (which lowered the base level from 34 to 32 for his quantity).
The district court dismissed the § 3582(c)(2) motion for lack of jurisdiction, reasoning the mandatory minimum, not the Guidelines range, controlled Lubio’s sentence.
The Tenth Circuit affirmed, holding Lubio ineligible for § 3582(c)(2) relief because he was sentenced to a statutory mandatory minimum.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Lubio is eligible for a sentence reduction under 18 U.S.C. § 3582(c)(2) after Amendment 782	Amendment 782 lowered the Guidelines range for his drug quantity, so § 3582(c)(2) permits a resentencing reduction	Lubio was sentenced to a statutory mandatory minimum; his sentence was based on that minimum, not a subsequently lowered Guidelines range, so § 3582(c)(2) is inapplicable	Court held Lubio ineligible for § 3582(c)(2) relief and affirmed dismissal for lack of jurisdiction

United States v. Gay, 771 F.3d 681 (10th Cir. 2014) (review of district court authority under § 3582(c)(2))
United States v. White, 765 F.3d 1240 (10th Cir. 2014) (§ 3582(c)(2) requires original sentence to be based on a Guidelines range later lowered)
United States v. Munoz, [citation="682 F. App'x 635"] (10th Cir. 2017) (defendants sentenced to statutory mandatory minimums are ineligible for § 3582(c)(2) reductions)