United States Eleventh Circuit

Sentence enhancement for possession with intent to distribute crack cocaine and being a felon in possession of a firearm is affirmed where: 1) the reduction of base offense levels in relation to crack cocaine quantities under U.S.S.G. section 2D1.1(c) had no effect on defendant's sentencing range; and 2) as in the case of US v. Moore, defendant would have been subject to exactly the same guidelines range if the provisions of Amendment 706 had been in effect at the time he was originally sentenced because his sentence was based on the guidelines range applicable to armed career criminals under U.S.S.G. section 4B1.4.

Appellate Information

• Decided 10/23/2008
• Published 10/23/2008

Judges

Court

• United States Eleventh Circuit

Counsel