Sentencing — crack cocaine

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United States Court of Appeals For the Seventh Circuit

Criminal

Sentencing — crack cocaine

Where the original Guideline range was above the statutory floor, a sentence below that floor because of substantial assistance to the prosecutor, and a retroactive change to the Guidelines permits a reduction in the sentence.

“The Sentencing Commission may want to take a close look at the way §1B1.10(b)(1) works when the original sentencing range is at a presumptive statutory minimum. It is difficult to see why prisoners in that situation who received a substantial-assistance or safety-valve sentence should be excluded from a retroactive Guideline reduction, while prisoners whose original ranges were just slightly above the statutory floor are eligible for the benefit of the retroactive change. That is how the Guidelines work as currently written, however. Wren and Moton are entitled to seek relief under §3582(c)(2) as the Guidelines stand, and we remand so that the district judges may exercise the discretion they possess.”

Vacated and Remanded.

12-1565 & 12-1580 U.S. v. Wren

Appeals from the United States District Court for the Northern District of Indiana, Lozano, Moody, JJ., Easterbrook, J.