United States Eleventh Circuit

In defendants' appeal from the denial of their motions for reduction of sentence under 18 U.S.C. section 3582(c)(2), the order is affirmed where: 1) the operative provision in determining defendants' applicable sentencing range was the statutory mandatory minimum, 21 U.S.C. section 841(b)(1)(A)(iii), not the crack cocaine Guideline, U.S.S.G. section 2D1.1; and 2) the provision governing the defendants' sentences, and the provision from which the district courts granted substantial assistance departures, was the range set by the statutory mandatory minimum, not the Guidelines sentencing range for crack cocaine offenses that was subsequently changed by Amendment 706.

Appellate Information

• Decided 08/05/2010
• Published 08/06/2010

Judges

• Gerald B. Tjoflat

Court

• United States Eleventh Circuit

Counsel