United States Eleventh Circuit

In conviction following guilty plea to three counts charging distribution and possession with intent to distribute crack cocaine within 1,000 feet of a playground, reduction of sentence from 100 months' imprisonment on each count to 75 months' on each count is vacated and remanded where: 1) the district court was only permitted under section 3582(c)(2) to reduce defendant's sentences consistent with the applicable policy statements of the Sentencing Commission; 2) the applicable policy statement prohibited the district court's reduction of defendant's sentences to a term of imprisonment of less than 84 months; and 3) the district court erred in relying on U.S. v. Booker and Kimbrough v. U.S. to reduce defendant's sentences to 75 months' imprisonment.

Appellate Information

• Decided 02/03/2009
• Published 02/03/2009

Judges

Court

• United States Eleventh Circuit

Counsel