United States v. Smith, No. 09-2575 (6th Cir. 2011)
Annotate this CaseIndicted for conspiring to possess with intent to distribute over 1 kilogram of cocaine base and over 100 grams of powder cocaine, defendant entered a plea agreement that stipulated to 180 months of imprisonment. The parties attached a Sentencing Guidelines work sheet showing a range of 168 to 210 months, based on a final offense level of 35 and a criminal history category of I. The presentence report, however, determined that the range was 210 to 262 months, assessing a four-level enhancement rather than the two-level enhancement applied on the worksheet. The district judge accepted the agreement and sentenced defendant to 180 months. After the Sentencing Commission lowered the base offense levels for crack cocaine offenses and made the amendments retroactive, defendant filed a motion for a reduction of sentence pursuant to 18 U.S.C. 3582(c)(2). The district court denied the motion. The Sixth Circuit vacated. Because his sentence was "based on" guidelines that changed, defendant is eligible for a sentence reduction pursuant to 18 U.S.C. 3582(c) and the district court apparently did not consider whether defendant is entitled to a sentence reduction under the circumstances in light of the 18 U.S.C. 3553(a) factors.
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