Defendant Sentenced Pursuant to FRCrP 11(e)(1)(C) Agreement Not Entitled to Resentencing

US v. Gage, No. 08-7075 (Feb. 18, 2009) (unpublished): A defendant who was sentenced pursuant to an 11(e)(1)(C) plea agreement to an agreed-upon sentence was not sentenced "based on a sentencing range that has been subsequently lowered by the Sentencing Commission," 18 USC 3582(c)(2), and therefore the district court should have dismissed the defendant's motion without considering it on the merits.