United States Third Circuit

District court's denial of defendant's motion for a reduction of his 175-month sentence for his federal firearm and crack cocaine offenses, concluding that it lacked authority to reduce defendant's sentence because he was a career offender under U.S.S.G. section 4B1.1, is vacated and remanded for the district court to exercise its discretion to determine whether, and to what extent, a reduction in defendant's sentence is warranted as, under a pre-2003 edition of the Sentencing Guidelines, a career offender who is granted a section 4A1.3 downward departure to the Crack Cocaine Guidelines range is eligible for a sentence reduction under 18 U.S.C. section 3582(c)(2).

Appellate Information

• Argued 01/11/2010
• Decided 07/27/2010
• Published 07/27/2010

Judges

• AMBRO

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Peter A. Levin, Michael L. Levy