United States Sixth Circuit

In proceedings arising from defendant's motion for resentencing based on Guidelines Amendment 709, arguing that he was not a career offender under the amendment because his two prior robbery convictions would no longer count as separate offenses, a grant of the motion is reversed as the district court lacked the authority to resentence defendant because 18 U.S.C. section 3582(c)(2) and U.S.S.G. section 1B1.10 provide that the Commission's retroactivity determinations control whether district courts may resentence defendants and the Commission has not designated Amendment 709 for retroactive application.

Appellate Information

• Argued 07/16/2010
• Decided 07/26/2010
• Published 07/26/2010

Judges

• ROGERS

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Harold B. McDonough, Jr., Michael C. Holley