Opinion
No. 15-13274
04-20-2016
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. KENNETH DONNELL WATKINS, a.k.a. Dino Watkins, Defendant-Appellant.
[DO NOT PUBLISH] Non-Argument Calendar D.C. Docket No. 1:10-cr-00101-KD-C-2 Appeal from the United States District Court for the Southern District of Alabama Before HULL, MARCUS, and EDMONDSON, Circuit Judges. 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, 130 S. Ct. 2683 (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).