USA v. Charles Brown, No. 08-12909 (11th Cir. 2009)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT No. 08-12909 Non-Argument Calendar ________________________ FEB 04, 2009 THOMAS K. KAHN CLERK D. C. Docket No. 94-14016-CR-DLG UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CHARLES BROWN, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida _________________________ (February 4, 2009) Before TJOFLAT, DUBINA and BARKETT, Circuit Judges. PER CURIAM: Charles Brown, a federal prisoner convicted of a crack cocaine offense, pro se appeals the district court s denial of his 18 U.S.C. § 3582(c)(2) motion for a sentence reduction based on an amendment to the Sentencing Guidelines that lowered the base offense levels applicable to crack cocaine. The district court denied Brown s § 3582(c)(2) motion because the sentencing court based Brown s sentence on a statutory mandatory term of life imprisonment and not according to the base level in § 2D1.1. Therefore, Brown was not entitled to a sentence reduction under the crack cocaine amendments. United States v. Williams, No. 0812475, manuscript op. (11th Cir. Nov. 26, 2008). AFFIRMED 2

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