United States v. Tellis, No. 12-12596 (11th Cir. 2014)
Annotate this CaseDefendant pleaded guilty to conspiracy to sell crack cocaine. On appeal, defendant challenged the denial of his 18 U.S.C. 3582(c)(2) motion to reduce his sentence based on Amendment 750 of the Sentencing Guidelines. Because defendant's Amendment 706 modification properly resulted from his career offender status, the district court did not err in denying his motion to modify his sentence under Amendment 750. In light of defendant's status as a career offender, Amendment 750 did not lower his offense level after the Amendment 706 modification, and thus did not alter the guideline range. Therefore, the district court correctly concluded that it had no discretion to lower his sentence. The court rejected defendant's argument that Freeman v. United States overruled United States v. Moore. Accordingly, the court affirmed the district court's order.
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