PER CURIAM:
Lawrence Johnson, Alberto Flaharty, and Garth Bruce (collectively "defendants") appeal from the orders of United States District Court for the Eastern District of New York (Gleeson, J.) denying their motions to reduce their sentences pursuant to 18 U.S.C. § 3582(c)(2) and U.S.S.G. § 1B1.10. Because the weight of the controlled substances attributed to each of them is so great that their respective sentencing ranges would be the same under the amended Sentencing Guidelines
On April 20, 1999, a jury found the defendants and two other individuals guilty of multiple crimes related to their participation in a conspiracy that for many years distributed large quantities of cocaine base ("crack cocaine") in the Far Rockaway section of Queens, New York. The defendants were all convicted of conspiracy to distribute and possess with intent to distribute narcotics within 1,000 feet of a public elementary school in violation of 21 U.S.C. § 846 and 860.
After the United States Sentencing Commission adopted Amendment 706 to the Guidelines Manual—reducing the base offense levels applicable to most crack cocaine offenses, see U.S.S.G., Supplement to App. C, Amend. 706 and U.S.S.G., App. C, Amend. 713 (applying Amend. 706 retroactively)—the defendants separately moved pursuant to 18 U.S.C. § 3582(c)(2) to have the district court modify their sentences based on the amended Guidelines.
Section 3582(c)(2) allows a district court to modify a prison sentence where a defendant "has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission . . . if such a reduction is consistent with applicable policy statements issued by the Sentencing Commission." The Sentencing Commission's policy statement associated with Amendment 706 is explicit, however, that "reduction in the defendant's term of imprisonment is not consistent with this policy statement and therefore is not authorized under 18 U.S.C. 3582(c)(2) if . . . [Amendment 706] does not have the effect of lowering the defendant's applicable guideline range." U.S.S.G. § 1B1.10(a)(2) (emphasis added). In other words, a defendant is eligible to have his sentence modified only if the amended Guidelines provide for a lower sentencing range than did the former Guidelines. We hold that because the defendants' guideline sentencing ranges have not been altered by Amendment 706 to the Guidelines, the defendants are ineligible for reductions of their terms of imprisonment.
The defendants argue that their ranges would be in fact different under the amended Guidelines. Although the defendants all implicitly concede that the base
In connection with a district court's application of the Guidelines, we review the district court's findings of fact for clear error and its resolution of legal questions de novo. United States v. Vazzano, 906 F.2d 879, 883 (2d Cir.1990). The district court's ultimate decision to deny a section 3582(c)(2) motion is reviewed for abuse of discretion. See, e.g., United States v. Borden, 564 F.3d 100, 104 (2d Cir.2009).
The district court did not err by sentencing Flaharty on the basis of an amount of crack cocaine in excess of the amount for which he was originally charged with conspiring to distribute. United States v. Santiago, 906 F.2d 867, 871 (2d Cir.1990) ("[Q]uantities of narcotic neither charged in the indictment nor physically seized are `relevant conduct' for calculation of the base offense level if they were part of the same course of conduct as the counts leading to conviction." (quoting United States v. Schaper, 903 F.2d 891, 898 (2d Cir.1990))).
Johnson's and Bruce's claims also fail. It is well settled that individual defendants are responsible for all reasonably foreseeable quantities of drugs distributed by a conspiracy of which they were members. United States v. Payne, 591 F.3d 46, 70 (2d Cir.2010). Here, the jury found that Johnson and Bruce conspired to distribute narcotics within 1,000 feet of an elementary school, and the district court expressly adopted the findings of their respective pre-sentence reports, which determined that the conspiracy was responsible, over the course of its life, for roughly 88 kilograms of crack cocaine sales. It was appropriate, therefore, for the district court to attribute the 88 kilograms to Johnson and Bruce for the purposes of sentencing.
There is no basis in the record to challenge successfully the district court's determination of the quantities of crack cocaine attributable to the defendants for the purposes of calculating their sentencing guideline ranges. Those ranges were not affected by Amendment 706. The district court was correct that neither Flaharty, Johnson, nor Bruce are eligible to have their sentences reduced as a result of that amendment. As the defendants are ineligible as a matter of law for reductions in their sentences, the district court did not abuse its discretion in denying their section 3582(c) motions. The orders are