06-4101, 06-4376 & 07-1813 U.S. v. Knox

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Sentencing
Crack cocaine

A defendant seeking a sentencing reduction under the amendments to U.S.S.G. 2D1.1 should raise the issue first in the district court.

“Although failing to brief his Kimbrough claim, Armean has argued on appeal that he is entitled to a sentence reduction under the 2007 amendment to § 2D1.1. That may be true, but this appeal is not the proper vehicle for Armean to raise this claim in the first instance; rather, Armean should move for a reduced sentence in the district court under 18 U.S.C. § 3582(c)(2). Armean will have the opportunity to make this motion at his limited remand, at which the district court should first decide ‘whether to act favorably on [Armean’s] motion (if he makes one, or on the judge’s own initiative, if [Armean] does not) for relief under the Commission’s new crack regime.’ Taylor, 520 F.3d at 748. After resolving any § 3582 motion, the court should indicate whether it is inclined to reduce Armean’s sentence even further in light of Kimbrough. Id. at 749.”

Affirmed in part, and Remanded in part.

06-4101, 06-4376 & 07-1813 U.S. v. Knox

Appeals from the United States District Court for the Northern District of Illinois, St. Eve, J., Tinder, J.

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