CA1: First tees up retroactivity issue

US v. Joseph, No. 04-1477 (unpublished).  This is a fairly interesting “crack guidelines” issue.  The defendant was sentenced before Booker.  While the First rejects his Booker issue and affirms the sentence, the First remands so that he can move for a reduction under the new, retroactive crack guidelines, and argue that the:

Guideline which makes the amendment retroactive, section 1B1.10, is itself unconstitutional, because according to Joseph, the provision provides limitations on the court's discretion once the court calculates the amended Guidelines range.