United States v. Lewis, No. 15-1342 (8th Cir. 2016)
Annotate this CaseDefendant plead guilty to possession of a controlled substance with intent to distribute. On appeal, defendant challenged the denial of his motion to reduce his sentence under 18 U.S.C. 3582(c)(2). The court concluded that, although the district court did not calculate the amended guideline range in accordance with USSG 1B1.10(b)(1), any procedural error was harmless; it is not an abuse of discretion for the district court to adhere to its decision that a term of 120 months was appropriate, even with a modestly reduced advisory guideline range; and no greater explanation was required. Accordingly, the court affirmed the judgment.
Court Description: Colloton, Author, with Wollman and Melloy, Circuit Judges] Criminal case - Sentencing. The district court's failure to calculate an amended guidelines range in accordance with Guidelines Sec. 1B1.10(B)(1) before ruling on defendant's motion to modify his sentence under Amendment 782 was error, but the error was harmless; it was not an abuse of discretion for the court to adhere to its original decision that 120 months was an appropriate sentence even with a modestly reduced guidelines range, and, in imposing the new sentence, the court could incorporate by reference its reasoning from the original hearing; this explanation was sufficient to allow meaningful appellate review of the denial of the motion for modification of sentence.
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