USA v. Roosevelt Mack, No. 12-11531 (11th Cir. 2012)
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Case: 12-11531 Date Filed: 10/30/2012 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 12-11531 Non-Argument Calendar ________________________ D.C. Docket No. 7:02-cr-00033-AKK-JEO-2 UNITED STATES OF AMERICA, llllllllllllllllllllllllllllllllllllllll Plaintiff - Appellee, versus ROOSEVELT MACK, Defendant - Appellant. ________________________ Appeal from the United States District Court for the Northern District of Alabama ________________________ (October 30, 2012) Before TJOFLAT, MARCUS and KRAVITCH, Circuit Judges. PER CURIAM: In 2004, Roosevelt Mack received concurrent prison sentences of 180 Case: 12-11531 Date Filed: 10/30/2012 Page: 2 of 2 months for conspiracy to distribute cocaine base (Count 1), distribution of cocaine base (Counts 2 and 3), possession with intent to distribute cocaine base (Count 4), and felon in possession of a firearm (Count 5). See 21 U.S.C. §§ 846, 841(a)(1) and 18 U.S.C. § 922(g)(1).1 In 2008, he moved the District Court to reduce his sentences on Counts 1-4 pursuant to 18 U.S.C. § 3582(c)(2) and Amendment 706 to the Sentencing Guidelines, which altered the cocaine base offense levels in U.S.S.G. § 2D1.1. The court denied his motion because his sentences on those counts were based on a statutory mandatory minimum. See supra note 1. He now appeals the court s ruling. The District Court did not abuse its discretion in denying Mack s motion because Mack was not eligible for any reduction in the Counts 1-4 Sentences since they were based on a statutory mandatory minimum provision, not on the drug quantity table in U.S.S.G. § 2D1.1.2 AFFIRMED. 1 Because Mack had at least three prior felony controlled-substance convictions, and was convicted under 18 U.S.C. § 922(g), he qualified as an armed career offender and a career offender under U.S.S.G. §§ 4B1.4 and 4B1.1, respectively. With a criminal history category of VI and an offense level of 35, his guideline sentence range was 292 to 365 months imprisonment. Pursuant to 21 U.S.C. § 841(b)(1)(A), the minimum term for the Counts 1-4 offenses was life imprisonment, and the guideline range thus became life imprisonment. The District Court departed downward from the prescribed sentence range pursuant to U.S.S.G. § 5K1.1. 2 And even if Mack were eligible for a reduction of the sentences on Counts 1-4, he would still be left with the Count 5 sentence of 180 months. 2
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