In United States v. Rodriguez-Soriano, --- F.3d ---, No. 15-30039 (9th Cir. 2017), although both the government and defendant sought a remand, the Court affirmed the defendant's sentence.
The issue was whether the defendant was entitled to a sentencing reduction under 18 U.S.C. § 3582(c)(2) based on Amendment 782, which
lowered by two levels the base offense level calculated for
certain drug types and quantities.
The district court held he was not, and the Ninth Circuit agreed. The case turned on the fact that the defendant's initial 300 month sentence was not "based on" a Guidelines range that was subsequently lowered. Instead, it was based on the interplay between the mandatory minimum and the government's substantial-assistance departure motion.
The opinion has a detailed discussion of this issue, which is generally governed by the Court's en banc decision in Davis.
