082386P.pdf   04/27/2009  United States  v.  Bert Clark
   U.S. Court of Appeals Case No:  08-2386
   U.S. District Court for the Southern District of Iowa - Davenport   
   [PUBLISHED] [Melloy, Author, with Loken, Chief Judge, and Benton,
   Circuit Judge]
   Criminal case - Sentencing. Modification of a defendant's sentence
   under 18 U.S.C. Sec. 3582(c)(2) does not constitute a full resentencing;
   although the Sentencing Guidelines and Starks make clear that a
   defendant is not entitled to have his sentence amended to a term of years
   below his newly determined Guidelines range, the relevant Sec. 3553(a)
   factors still guide the decision to modify a sentence and the selection of
   an appropriate, amended sentence within the new range; based on the
   district court's statements at defendant's initial sentencing and its
   determination that sentences at the top of the respective Guidelines
   ranges were appropriate following both the initial sentencing and the Sec.
   3582 modification proceedings, the district court fully considered and
   more than adequately addressed th relevant Sec. 3553(a) factors.