United States Eleventh Circuit

Sentences for unrelated crack cocaine offenses are affirmed where: 1) the courts properly determined that they lacked authority under 18 U.S.C. section 3582(c)(2) to grant the requested sentence reductions in these cases; 2) when a retroactively applicable guideline amendment reduces a defendant's base offense level, but does not alter the sentencing range upon which his or her sentence was based, section 3582(c)(2) does not authorize a reduction in sentence; and 3) although Amendment 706 to the Sentencing Guidelines would reduce the base offense levels applicable to the defendants, it would not affect their guideline ranges because they were sentenced as career offenders under U.S.S.G. section 4B1.1.

Appellate Information

• Decided 09/05/2008
• Published 09/05/2008

Judges

Court

• United States Eleventh Circuit

Counsel