United States v. Glover, No. 12-10580 (11th Cir. 2012)
Annotate this Case
Pro se Defendant-Appellant Deshawn Glover appealed a district court's denial of his motion to reduce his sentence based on a retroactive amendment to the sentencing guidelines that lowered base offense levels for certain crack cocaine crimes. He contended that Amendment 759 to the sentencing guidelines, U.S.S.G. App. C, amend. 759 (Nov. 2011), abrogates the Eleventh Circuit's holding in "United States v. Mills," (613 F.3d 1070 (11th Cir. 2010)), and gave the district court authority to reduce his sentence as a result of Amendment 750, which revised the crack cocaine quantity tables in U.S.S.G. 2D1.1 to conform to the Fair Sentencing Act of 2010. "[T]he the statutory provision, the Sentencing Commission's corresponding policy statement, and the commentary to that policy statement all make it clear that a court cannot use an amendment to reduce a sentence in a particular case unless that amendment actually lowers the guidelines range in that case. It is that simple." Neither of the Amendments changed Defendant's guidelines range. Accordingly, the Eleventh Circuit concluded Defendant was not entitled to resentencing.
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.