United States Sixth Circuit

District court's denial of defendant's motion for a sentence reduction for his crack cocaine possession and intent to distribute conviction is affirmed as defendant's applicable guideline range was his career offender range, not the crack cocaine range to which the district court departed under U.S.S.G. sections 4A1.3 and 5K2.0, and as such, Amendment 706 to the sentencing guidelines did not have the effect of lowering defendant's applicable guideline range and he is not eligible for a sentence reduction.

Appellate Information

• Argued 04/21/2010
• Decided 06/11/2010
• Published 06/11/2010

Judges

• Before BOGGS, SUHRHEINRICH, and ROGERS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Daniel T. French, Assistant United States Attorney, Memphis, Tennessee, for Appellee. ON BRIEF:Randolph W. Alden, Office of the Federal Public Defender, Memphis, Tennesee, for Appellant. Daniel T. French, Assistant United States Attorney, Memphis, Tennessee, for Appellee.