I. Whether The Lower Court Denial Of Modification Of Sentence Under 18 U.S.C. §3582(c)(2) Based On A Mandatory Guidelines Range Departure's Sentence Violates Congress' Intent? If Yes, Is This Court's Decision To Exctsedzj Two Provisions Of The Sentencing Reform Act In United States v. Booker, 543 U.S. 220 (2005) A Substantive Rule That Is Retroactive To Pre-Booker Cases?

ii. WhetherU.S.S.G. §1B1.10--Amendments 782 And 750 Denies Due Process Because It Gives District Courts Authority To Distinguish Between A Certain Class Of Defendants To Be Resentenced ? If Yes, Should U.S.S.G. §1B1.10(b)(1); And U.S.S.G. §5G1. 1(b) Governing Reductions Under §3582(c)(2) Be Excised to Achieve Uniformity ?

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Whether the lower court denial of modification of sentence under 18 U.S.C. §3582(c)(2) based on a mandatory guidelines range departure's sentence violates Congress' intent?