United States v. Berry, No. 12-11150 (11th Cir. 2012)Annotate this Case
Defendant, a federal prisoner convicted of a crack cocaine offense, appealed the district court's denial of his 18 U.S.C. 3582(c)(2) motion for a sentence reduction based on Amendment 750 to the Sentencing Guidelines, which revised the crack cocaine quantity tables in U.S.S.G. 2D1.1. The court held that the district court did not err in denying the motion where defendant's offense level of 37 and initial guidelines range of 360 months to life imprisonment were not based on section 2D1.1's drug quantity tables, but on his status as a career offender pursuant to U.S.S.G. 4B1.1(b). More importantly, because defendant had two prior felony drug convictions, defendant was subject to a statutory mandatory minimum life sentence. Accordingly, the court affirmed the judgment.