Sentence Modification Motion Fell Within Scope of Plea Agreement Waiver

U.S. v. Amado, 2016 WL 6677599 (11/14/16) (CO) - the district court's denial of Mr. Amado's sentence reduction motion under 18 USC § 3582(c)(2) was appropriate because in his plea agreement, Mr. Amado waived his right to attempt to modify his sentence down the road. Sentence reductions under § 3582(c)(2) are not mandatory and it did not matter that Amendment 782 did not exist at the time of the plea. The motion fell within the scope of the plea waiver, which was knowing and voluntary, and no miscarriage of justice resulted from enforcement of the waiver.