Tag Archives: Crack cocaine

7th Circuit says life sentence for crack dealer doesn’t violate Eighth Amendment

The Eighth Amendment’s prohibition against cruel and unusual punishment does not preclude a mandatory life sentence for dealers who possess a smaller quantity of crack cocaine than the quantity of powder cocaine necessary to trigger a similar sentence, the 7th Circuit has ruled.

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10-2303 U.S. v. Duncan

Sentencing Crack cocaine That the government did not oppose a co-defendant’s motion for sentence reduction under 18 U.S.C. 3582(c)(2) does not entitle the defendant to a reduction. “As for the issue of a codefendant’s successful § 3582(c)(2) motion, the distinction ...

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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 ...

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10-1272 U.S. v. Newbern

Sentencing Crack cocaine; limited remand Where the disparity between crack and powder cocaine sentences would not have affected a career-offender’s guideline range, he is not entitled to a limited remand. “Kimbrough opened the door for policy disagreements with the Guidelines ...

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09-3799 U.S. v. Redd

Sentencing Crack cocaine A defendant cannot make successive motions for sentence reduction pursuant to 18 U.S.C. 3582(c)(2). “Redd treats §3582(c)(2) as if it countermanded the basic determinate-sentence system and bestowed on district judges a continuing power to adjust sentences-a power ...

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10-2329 U.S. v. Taylor

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 ...

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