Ramon F. Flores v. United States
DueProcess
Whether a defendant is procedurally barred from appealing the district court's original drug quantity determination in a sentence reduction application under 18 U.S.C. § 3582(c)(2) when the reasonable outcome of a successful drug quantity appeal would now likely affect the defendant's guideline range
QUESTION PRESENTED , In a sentence reduction application matter pursuant to 18 U.S.C. § 3582(c) (2) under Amendment 782 to the Sentencing Guidelines, if a defendant objects to the drug quantity finding made at sentencing but does not pursue this issue on direct appeal because the reasonable outcome of a drug quantity appeal, ; even if successful in reducing defendant's determined quantity, would not likely affect defendant's Guideline range is that defendant later procedurally barred from appealing the District Court's original drug quantity determination repeated in the Denial of Defendant's Sentence Reduction motion when the reasonable outcome of a drug quantity appeal, if successful ; in reducing. defendant's determined drug quantity, would now likely affect the defendant's Guideline range? . aie , .