Separation of Powers Argument Rejected in 3582(c)(2) Context

U.S.. v. Franklin, No. 08-3315 (4/10/09) (unpub'd) - The 10th rejects a separation of powers argument against the refusal to apply Booker to § 3582(c)(2) proceedings. Congress can incorporate a guideline provision as a means of limiting a district court's authority to reduce a sentence.