United States v. Riley, No. 12-3273 (6th Cir. 2013)
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In 1997, Riley pled guilty to possession, with intent to distribute, of 53.17 grams of crack cocaine, 21 U.S.C.841(a)(1) and (b)(1)(A), and, after unsuccessfully challenging his designation as a “career offender,” was sentenced to 262 months of imprisonment and 10 years of supervised release under U.S.S.G. 4B1.1. At the time, life imprisonment was the statutory maximum penalty. Based on the Fair Sentencing Act of 2010 and corresponding crack-cocaine guideline amendments implemented by U.S.S.G. Amendment 750, Riley unsuccessfully moved for a sentence reduction under 18 U.S.C. 3582(c)(2). The Sixth Circuit affirmed, reasoning that Riley’s sentence was not “based on” the then-applicable crack cocaine guidelines and that he is not eligible for a sentence reduction.
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