United States v. Harris, No. 12-1396 (8th Cir. 2012)
Annotate this CaseDefendant was sentenced to 110 months' imprisonment for distribution of cocaine base and subsequently filed a motion for a reduction of sentence pursuant to 18 U.S.C. 3582(c)(2). The district court denied the motion and defendant appealed, arguing that the district court erred in finding that it lacked authority to reduce his sentence. The court held that neither Freeman v. United States nor United States v. Rivera addressed the court's primary reason for denying defendant's section 3582(c) motion. The court rejected defendant's argument that the Sentencing Commission exceeded its statutory authority by enacting Amendment 759 to U.S.S.G. 1B1.10 or that Amendment 759 violated the separation-of-powers doctrine. Accordingly, the court affirmed the district court's judgment.
Court Description: Criminal Case - sentence. Sentenced as a career offender, Harris sought reduction under the Fair Sentencing Act. Court rejects applicability of Freeman v. United States to allow reduction of sentence for career offenders. Harris's sentencing range was based on career offender offense level. Amendment 759 is not invalid, as amendment is a policy statement and not subject to notice and comment procedure, and Sentencing Commission did not exceed its authority under section 994(u) by enacting Amendment 759 and Amendment 759 does not violate separation of powers doctrine.. [ August 22, 2012
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