Home / Opinion / 09-3866 U.S. v. Guyton

09-3866 U.S. v. Guyton

Sentencing Crack cocaine A defendant sentenced under the career offender guideline, but with a downward departure for substantial assistance, is not eligible for a retroactive reduction. “[S]ection 1B1.10 takes for granted that a defendant who received a ‘downward departure’ in the pre-Booker era received a specific term of imprisonment below his applicable range. Specifically, section 1B1.10(b)(2)(B) states that ...

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