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Sentencing — crack cocaine

By: WISCONSIN LAW JOURNAL STAFF//April 1, 2014//

Sentencing — crack cocaine

By: WISCONSIN LAW JOURNAL STAFF//April 1, 2014//

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U.S. Court of Appeals for the Seventh Circuit

Criminal

Sentencing — crack cocaine

When a prisoner’s original Guidelines sentence is below the statutory floor, the minimum becomes the Guidelines sentence and precludes reduction under sec. 3582(c)(2).

“Johnson argues that Poole was superseded by the 2011 amendments to the Sentencing Guidelines, which defined ‘applicable guideline range’ for the first time. He suggests that the new definition includes only the criminal history category and offense level calculations, without consideration of any statutory mandatory minimums. We recently found prisoners whose original Guidelines ranges exceeded the relevant mandatory minimum eligible for reduction under § 3582(c)(2). United States v. Wren, 706 F.3d 861, 864 (7th Cir. 2013). But, at the same time, we noted that when a prisoner’s original Guidelines sentence is below the statutory floor, the minimum becomes the Guidelines sentence and precludes reduction under § 3582(c)(2). Id. Johnson falls into the latter category, and his motion must fail.”

Affirmed.

13-2732 U.S. v. Johnson

Appeal from the United States District Court for the Central District of Illinois, McDade, J., Kanne, J.

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