USA v. Kelvin Ferguson, No. 12-10223 (11th Cir. 2012)

 Annotate this Case
Download PDF
Case: 12-10223 Date Filed: 08/24/2012 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 12-10223 ________________________ D.C. Docket No. 9:06-cr-80081-DTKH-3 UNITED STATES OF AMERICA, Plaintiff Appellee, versus KELVIN FERGUSON, Defendant Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (August 24, 2012) Before BARKETT and PRYOR, Circuit Judges, and LAWSON,* District Judge. PER CURIAM: * Honorable Hugh Lawson, United States District Judge for the Middle District of Georgia, sitting by designation. Case: 12-10223 Date Filed: 08/24/2012 Page: 2 of 2 Kelvin Ferguson appeals from the denial of his motion to modify his sentence pursuant to 18 U.S.C. § 3582(c)(2) based on Amendment 750 to the Sentencing Guidelines, which lowered the base offense level for certain crack cocaine offenses to conform the guidelines to the Fair Sentencing Act of 2010, Pub.L. No. 111 220, 124 Stat. 2372. The government now recognizes that Ferguson is eligible for relief under § 3582(c)(2). The government acknowledges that as a result of the application of Amendment 750, Ferguson s offense level should be a 34 resulting in a guidelines range of 262 to 327 months imprisonment, which is lower than his current sentence, which is based on an offense level of 35, with a corresponding guidelines range of 292 to 365 months imprisonment.1 Accordingly, we hereby vacate the district court s order and remand for resentencing. VACATED and REMANDED FOR RESENTENCING. 1 We also note that, as it did at Ferguson s original and prior resentencing, the government acknowledges that Ferguson also is eligible, pursuant to U.S.S.G. § 1B1.10(b)(2)(B), for a proportional reduction below the applicable guidelines range based on his substantial assistance. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.