United States v. Deandre Scroggins, No. 09-2345 (8th Cir. 2010)
Annotate this CaseCourt Description: Criminal case - Sentencing. District court correctly applied 18 U.S.C. Sec. 3582(c) and Guidelines Sec. 1B1.10(b)(2)(A).
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 09-2345 ___________ United States of America, * * Plaintiff - Appellee, * Appeal from the United States * District Court for the Western v. * District of Missouri. * Deandre Scroggins, * [UNPUBLISHED] * Defendant - Appellant. * ___________ Submitted: June 14, 2010 Filed: June 23, 2010 ___________ Before MURPHY, BEAM, and BENTON, Circuit Judges. ___________ PER CURIAM. In 2004, Deandre J. Scroggins was found guilty of possession with intent to distribute crack cocaine. The district court determined a Guidelines sentencing range of 168 to 210 months imprisonment and imposed a sentence of 175 months. After the Sentencing Commission reduced by two levels the offense level applicable to crack cocaine offenses in Amendments 706 and 711 of the Guidelines, Scroggins moved for modification of his sentence under 18 U.S.C. § 3582(c)(2). The district court1 granted a two-level reduction, reducing the advisory range to 135 to 168 months. The district court re-sentenced Scroggins to 135 months imprisonment. Scroggins appeals, arguing that the district court erred when it considered the Guidelines mandatory in applying § 3582(c)(2) and the policy statements in U.S.S.G. § 1B1.10. This argument is foreclosed by this court s decision in United States v. Starks, 551 F.3d 839 (8th Cir. 2009), cited by United States v. Dillon, 572 F.3d 146, 150 (3d Cir. 2009), aff d, No. 09-6338, slip op. at 14 (S. Ct. June 17, 2010). As the Supreme Court held, proceedings under § 3582(c)(2) do not implicate the Sixth Amendment right to have essential facts found by a jury beyond a reasonable doubt. Id. at 11. Therefore, the district court correctly applied 18 U.S.C. § 3582(c) and U.S.S.G. § 1B1.10(b)(2)(A). The judgment of the district court is affirmed. ______________________________ 1 The Honorable Ortrie D. Smith, United States District Court for the Western District of Missouri. -2-
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