Citation Codes Equivalent Citations citation codes Docket Number No. 08-10287. Attorney(S) Franny A. Forsman, Federal Public Defender, Jason F. Carr, Assistant Federal Public Defender, Las Vegas, NV, for the appellant. Gregory A. Brower, United States Attorney, Peter S. Levitt, Assistant United States Attorney, Las Vegas, NV, for the appellee. Judges Michael Daly Hawkins Alex Kozinski Ronald Murray Gould Acts —Title 28 APPENDIXFEDERAL RULES OF APPELLATE PROCEDURE — Oral Argument Crimes And Criminal Procedure — Sentences — Imprisonment — Criminal Procedure — Imposition Of A Sentence Of Imprisonment Judiciary And Judicial Procedure — Courts Of Appeals — Jurisdiction And Venue — Final Decisions Of District Courts —Title 28 APPENDIXFEDERAL RULES OF APPELLATE PROCEDURE — Serving and Filing Briefs See more information ... Smart Summary Please sign up to generate summary. UNITED STATES of America, Plaintiff-Appellee, v. Andrew COLSON, Defendant-Appellant. ORDER Andrew Colson ("Colson") appeals the district court's discretionary denial of his 18 U.S.C. § 3582(c)(2) sentence reduction motion. Although we have previously held that such decisions are not reviewable on appeal, see United States v. Lowe, 136 F.3d 1231, 1233 (9th Cir. 1998), Colson argues that Lowe is no longer good law in light of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), and United States v. Carty, 520 F.3d 984 (9th Cir. 2008) (en banc). We agree. After Booker and Carty each of which held that any element of a sentencing decision, whether discretionary or not, may be "unreasonable" and therefore unlawful Lowe's conclusion that discretionary sentencing decisions are unreviewable on appeal is no longer good law. We conclude that 18 U.S.C. § 3582(c)(2) sentence reduction decisions are reviewable in their entirety for abuse of discretion under 28 U.S.C. § 1291. The order filed March 10, 2009, is hereby VACATED. The government's Motion to Dismiss Appeal is DENIED, and its Motion to Toll Briefing Schedule During Pendency of Motion is GRANTED. The parties shall file their briefs within the time set forth in Federal Rule of Appellate Procedure 31(a), commencing from the filed date of this order.