Pleas & Sentencing – Pleas & Sentencing

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7^th Circuit Court of Appeals

Case Name: United States of America v. Eddie Bell

Case No.: 15-2670

Officials: RIPPLE, KANNE, and SYKES, Circuit Judges.

Focus: Pleas & Sentencing – Pleas & Sentencing

Collateral relief does not alter judgment of the court regarding sentence of appellant.

“Mr. Bell instead raises an argument outside the scope of our review. He contends we should remand this case so the district court may determine if it should lower his sentence in light of Amendment 782 to the sentencing guidelines. Amendment 782 reduced the base offense levels assigned to drug quantities, including those applicable to Mr. Bell, by two levels. U.S.S.G. app. C., amend. 782, p. 71 (2014). We cannot address Mr. Bell’s argument, however, as it is unrelated to the only issue properly before us. Further, this form of retroactive relief is unavailable to a defendant on direct appeal. See, e.g., United States v. Taylor, 778 F.3d 667, 672 (7th Cir. 2015) (holding that a defendant could not seek relief on direct appeal “based on retroactive Amendment 782”); United States v. Hayden, 775 F.3d 847, 850 (7th Cir. 2014) (“Our handling of [the defendant’s] direct appeal is not changed, however, by Amendment 782 having taken effect.”); United States v. Tatum, 548 F.3d 584, 588 (7th Cir. 2008) (holding that another retroactive amendment to the sentencing guidelines involving a twolevel reduction was not ground for a remand on direct appeal). Mr. Bell instead must file in the district court a motion under 18 U.S.C. § 3582(c)(2) raising this argument, allow the district court to rule on it, and then appeal from that order. See United States v. White, 582 F.3d 787, 799 (7th Cir. 2009). We note that he has filed such a motion in the district court.”

Affirmed

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