United States v. Stevenson, No. 12-3108 (7th Cir. 2014)
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In 1998, a jury found Stevenson guilty of various counts relating to his possession of crack cocaine in connection with a Chicago drug ring. The district court treated the Guidelines as mandatory, found that he qualified as a career offender under U.S.S.G. 4B1.1, which would have made his offense level 34 had he not already exceeded it, and imposed a 292-month sentence. In 2010, Stevenson filed his first section 3582(c) motion, based on Amendment 706 to the Guidelines. The district court reduced his sentence to 262 months’ imprisonment, the low end of the sentencing range for an offense level of 34 and criminal history category of VI. Stevenson filed a second 3582(c) motion, based on Amendment 750. The district court denied the motion because Stevenson was a career offender. The Seventh Circuit affirmed, stating that it would contradict the Sentencing Commission’s policy statements to sentence Stevenson below the applicable career offender guideline.
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