United States v. Hamilton, No. 12-10899 (11th Cir. 2013)
Annotate this CaseDefendant appealed the district court's denial of his Motion for Modification or Reduction in Sentence under 18 U.S.C. 3582(c)(2), based on Amendment 750 to the Sentencing Guidelines. At issue was what drug quantity the district court found defendant responsible for at his initial sentencing hearing in 2007. The district court needed to know those original drug quantity findings in order to determine if Amendment 750 actually lowered the guidelines range upon which defendant's original sentence was based. The court vacated the district court's order and remanded for further proceedings because both the United States Probation Office's and the government's memos in 2011 contained inaccurate or at least incomplete information about the 2007 drug quantity findings at the original sentencing. Further, the district court did not use the Addendum to the Presentence Investigation Report. On remand, the district court should determine what drug quantity findings it made, either explicitly or implicitly, at defendant's original sentencing hearing.
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