Is the limitation in U.S.S.G. § 1B1.10 consistent with the statutory directive to avoid unwarranted sentencing disparity?

QUESTIONS PRESENTED 1. Is the limitation in U.S.S.G. § 1B1.10, which prohibits proportional sentence reductions for defendants who have previously received variances or departures, in irreconcilable conflict with the statutory directive in 28 U.S.C. § 991(b)(1)(B) that the Sentencing Commission’s policies and practices must avoid unwarranted sentencing disparity? 2. Does the application of the current version of § 1B1.10 violate the Equal Protection Clause by prohibiting a proportional reduction for defendants who were originally deemed deserving of departures or variances, while allowing such a reduction for defendants who originally received longer, within-guideline sentences? 1