United States Sixth Circuit

An order denying defendant's motion to reduce his sentence for possession of with intent to distribute and for being a felon in possession of a firearm is affirmed where the career offender guidelines, and not crack cocaine guidelines, controlled his original sentence, and thus the district court lacked jurisdiction to resentence defendant under section 3582(c)(2).

Appellate Information

• Decided 06/14/2010
• Published 06/14/2010

Judges

• Before MERRITT, COOK, and KETHLEDGE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:Frank W. Heft, Jr., Laura R. Wyrosdick, Office of the Federal Defender, Louisville, Kentucky, for Appellant. Monica Wheatley, Terry M. Cushing, Assistant United States Attorneys, Louisville, Kentucky, for Appellee.