United States Third Circuit

The district court properly denied defendant's motion for resentencing pursuant to the lowered crack-cocaine guidelines issued by the Sentencing Commission under the Fair Sentencing Act of 2010, where: 1) defendant was designated as a career offender; 2) defendant was granted a downward departure from that designation pursuant to U.S.S.G. section 4A1.3; and 3) the Guidelines' definition of "applicable guideline range," makes clear that such defendants are not eligible for resentencing.

Appellate Information

• Decided 07/22/2013
• Published 07/22/2013

Judges

• FUENTES

Court

• United States Third Circuit

Counsel