United States Sixth Circuit

In a prosecution of defendant for conspiracy to possess with intent to distribute crack cocaine and for being a felon in possession of a firearm, district court's denial of defendant's motion for a reduction of his sentence under 18 U.S.C. section 3582(c)(2) is affirmed as, although defendant's ultimate sentence was indeed "based on" the crack guidelines, and those regulations have since been lowered, they were not actually "applicable" to the departure he received pursuant to 18 U.S.C. section 3553(e) and U.S.S.G. section 5K1.1.

Appellate Information

• Decided 07/26/2010
• Published 07/26/2010

Judges

• MOORE

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Donna M. Grill, Bernard A. Smith