Is there a possible sentence reduction
My uncle was sentenced back in 1993 for conspiracy to distribute 50 grams or more of crack cocaine. He was normally suppose to get the mandatory 10 years which was in his plea bargain and indictment. After being sentenced there was a discovery that the quantity went from 50 grams or more to 7 kilograms of crack cocaine being attributed to him. Supposely he had a base offense level of 40. In 1994 the guidelines were adjusted to 38. The judge claims to have given him the 2 level reduction even though he shouldn't have been entitled to it. He was sentenced to 250 months. His projected release date is 11/19/2011. He filed a motion with the court but it was denied. The reason why because the new amendment only gives you a two level reduction with exception to those who were charged with 4.5 kilos or more. Unfortunately, he was charged with 7. Is he still entitled to a sentence reduction since it was his first offense and him being a non violent offender and the charge being conspiracy since they had no evidence on him in particular.