10-2329 U.S. v. Taylor

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Sentencing
Crack cocaine

Relief under 18 U.S.C. 3582(c)(2) is not available when a retroactive amendment would not have the effect of lowering the defendant’s applicable guideline range.

“We agree with the Eighth Circuit’s resolution of this issue in United States v. Washington, 618 F.3d 869 (8th Cir. 2010). Washington qualified as a career offender subject to an offense level of 37, but he was sentenced using the higher adjusted offense level of 38 from the drug quantity table. When he sought relief under § 3582(c)(2), the district court recognized that Amendment 706 reduced his offense level from 38 to 36, but that the higher career-offender offense level of 37 would then apply, providing the same range of 360 months to life. Because Amendment 706 did not have the effect of lowering Washington’s guideline range, the district court determined that he was not eligible for a sentence reduction under § 3582(c)(2).”
“The Eighth Circuit affirmed because applying the amended guidelines did not actually reduce the applicable guideline range. 618 F.3d at 873. As in that case, Amendment 706 reduced Taylor’s drug-quantity base-offense level from 38 to 36, but did not affect his career-offender offense level of 37. Thus, Taylor’s guideline range remained the same: 360 months to life. He simply was not eligible for a sentence reduction.”

Affirmed.

10-2329 U.S. v. Taylor

Appeal from the United States District Court for the Southern District of Illinois, Murphy, J., Hamilton, J.

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