United States v. Cook, No. 16-6441 (6th Cir. 2017)
Annotate this CaseIn 2005, Defendant pleaded guilty to conspiring to distribute cocaine hydrochloride, 21 U.S.C. 846 and 841(a)(1), (b)(1)(A). The Probation Office determined that Defendant was to be held accountable for conspiring to distribute at least 12 kilograms of cocaine hydrochloride; under U.S.S.G. 4B1.1(a), Defendant was classified as a career offender with an enhanced offense level based on his prior felony convictions for controlled substances. Defendant’s offense level was reduced three levels for his acceptance of responsibility. His guideline range for imprisonment according to the 2004 Sentencing Guidelines was 262-327 months but section 841(b)(1)(A) required imposition of a minimum term of life due to Defendant’s prior felony controlled substance convictions, U.S.S.G. 5G1.1(b). The government moved for a downward departure based on Defendant’s substantial assistance. The court granted that motion and imposed a sentence of 211 months. In 2015, Defendant moved for a sentence reduction under 18 U.S.C. 3582(c)(2) and Guidelines Amendments 780, 782, and 788, arguing that the court departed downward from a guideline range of life and that this guideline range of life was lowered by Amendment 780. The Sixth Circuit affirmed the denial of the motion Defendant’s sentence was based on Defendant’s status as a career offender, not on a drug quantity; Defendant is ineligible for the reduction.
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