United States v. Robinson, No. 12-1391 (7th Cir. 2012)
Annotate this CaseRobinson pleaded guilty in 2005 to possessing 50 grams or more of crack cocaine, 21 U.S.C. 841(a)(1). A recidivism enhancement raised the minimum prison term to 20 years, the term imposed by the district court. Three years later Robinson moved under 18 U.S.C. 3582(c)(2) to reduce his sentence based on amendments 706 and 713 to the guidelines, which retroactively reduced his base offense level from 32 to 28. The district court denied the motion because Robinson’s sentence was based on the statutory minimum, which remained unchanged. Three years later, Robinson moved the court to apply the Fair Sentencing Act of 2010, 124 Stat. 2372. If the Act applied, he would have faced a mandatory minimum penalty of 10 years. The district court denied the motion, reasoning that the Act did not apply to Robinson, whose crime and sentencing both took place before the Act. In 2012 Robinson again moved to reduce his sentence, based on the combined effects of amendments 748 and 750 to the guidelines and the Fair Sentencing Act, which, effective November 1, 2011, retroactively reduced from 28 to 26 the base offense level for Robinson’s conduct, U.S.S.G. 2D1.1(c)(7). The district court again denied the motion. The Seventh Circuit affirmed.
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