United States v. Hargrove, No. 12-13231 (11th Cir. 2013)Annotate this Case
Defendant, convicted of four counts of distributing crack cocaine, appealed the district court's denial of his 18 U.S.C. 3582(c)(2) motion to reduce his sentence. The court held that a defendant subject to a statutory mandatory minimum was eligible for section 3582(c)(2) relief when he was sentenced above that minimum and a retroactive guidelines amendment lowers the high-end of his applicable guidelines range. In this instance, defendant was subject to a statutory mandatory minimum sentence of 120 months' imprisonment, but a retroactive amendment to the sentencing guidelines lowered his applicable guidelines range from 120 to 125 months' imprisonment to simply 120 months. The court vacated the district court's order and remanded because the district court erroneously concluded that it lacked the authority to consider defendant's motion.