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United States v. Foster
Before
FRANK H. EASTERBROOK, Chief Judge
RICHARD A. POSNER, Circuit Judge
DIANE P. WOOD, Circuit Judge
Appeal from the United States District Court for the Northern District of Iillinois, Eastern Division.
No. 95 CR 242-12 Robert W. Gettlemain, Judge.
Order
Maurice Foster requested, and received, a reduction in his sentence under recent changes to the sentencing Guidelines for crack-cocaine offenses, changes made retroactive by the Sentencing Commission. 18 U.S.C. §3582(c)(2).
The reduction, to 292 months' imprisonment, is the maximum allowed by the Commission's amendments. Foster contends that he should have received an even lower sentence. He maintains that the district court should have reduced his criminal-history level. But retroactive changes to the Guidelines do not authorize full resentencing; they allow lower sentences only to the extent that the Sentencing Commission has specifically authorized them by amending specific Guidelines. See Dillion v. United States, 130 S. Ct. 2683, 2690 (2010). This means that a district judge cannot consider any issues other than those specified by the Commission. See United States v. Davis, No. 11-1313 (7th Cir. May 31, 2012), slip op. 22-25. The Sentencing Commission has not made any retroactive change to the rules for determining criminal history, so the district court rightly declined to reduce Foster's sentence on this account.
AFFIRMED
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