Criminal Law: Sentencing – Modification – Retroactivity

Where a defendant appealed a district court’s partial denial of his motion for a sentence reduction under 18 U.S.C. Section 3582(c)(2), challenging the decision not to make Amendment 742 retroactive, the court complied with the U.S. Sentencing Commission’s non-retroactivity determination and did not violate the defendant’s right to due process the Section 3582(c)(2) do not implicate a constitutionally protected liberty interest.

Judgment is affirmed.

U.S. v. Johnson (MLW No. 64588/Case No. 12-1226 – 11 pages) (U.S. Court of Appeals, 8^th Circuit, Riley, C.J.) Appealed from U.S. District Court, Eastern District of Missouri, Sippel, J. (Scott F. Tilsen, Cape Girardeau, argued for appellant) (Allison Hart Behrens, St. Louis, argued for appellee).

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