United States v. Tercero, No. 12-10404 (10-31-13) (Nelson with M. Smith and Ikuta).

The 9th affirms the district court's reduction of a crack sentence to the low end of the readjusted guideline under the Fair Sentencing Act. The 9th denied the defendant's appeal for a further reduction under 1B1.10. The 9th held that Dillon, 130 S.Ct 2683 (2010) controls, and requires, in a retroactive sentence reduction, that 1B1.10 be followed. Finally, the challenge to 1B1.10 under the Administrative Procedures Act (APA) fails because the Commission is not an agency subject to the APA.