United States v. Banks

Defendant pleaded guilty to conspiracy to distribute and possess with intent to distribute cocaine hydrochloride and cocaine base. On appeal, defendant challenged the denial of his motion to modify his sentence under 18 U.S.C. 3582(c). The court held that a defendant originally sentenced under the drug quantity table in U.S.S.G. 2D1.1, but resentenced in a section 3582 proceeding using the career offender provisions in U.S.S.G. 4B1.1, cannot bring another section 3582 motion to reduce his sentence based on an amendment to the Sentencing Guidelines that further lowers the guidelines range for crack cocaine in the section 2D1.1 drug quantity table. The purpose of section 3582 is to allow the reduction of a sentence where the amended guidelines would result in a lower guidelines range applicable to the defendant. Thus, section 3582 does not apply when the career offender offense provisions controlled in the original sentencing. Accordingly, the court affirmed the judgment. View "United States v. Banks" on Justia Law