Ninth Circuit -- USA V. GEARY WATERS, JR.

USA V. GEARY WATERS, JR.

Where sentencing court sentences according to offense level and not the career offender guideline, subsequent revisions in the offense level statutory scheme do not justify a downward revision past the career offender guidelines, so long as the sentencing court found that the career offender terms were triggered (while not making them the reason for decision).

A sentence reduction hearing cannot be used to challenge a career offender finding.