United States v. Boyd, No. 15-2097 (8th Cir. 2016)
Annotate this CaseDefendant pled guilty to distribution of cocaine base near a playground and was sentenced to 307 months in prison. Subsequently, in 2008, the district court retroactively applied two amendments to the Guidelines, Amendment 706 and Amendment 715, and exercised its discretion to grant defendant a reduction in his sentence under 18 U.S.C. 3582(c)(2) and U.S.S.G. 1B1.10. In 2013, the district court denied defendant's motion to reduce his sentence again but advised that if defendant improved his disciplinary record and availed himself of educational courses within the prison system over the next three years, he could move the court for a sentence reduction at that time. Amendment 782 became effective November 1, 2014, and retroactively reduced most drug quantity base offense levels by two levels. In this appeal, defendant challenged the district court's denial of a sentencing reduction under Amendment 782. The court affirmed the judgment, concluding that the district court did not abuse its wide discretion in denying the sentence reduction where the district court took into consideration defendant's extensive criminal history and record of misconduct while incarcerated. The district court also considered the 18 U.S.C. 3553(a) factors.
Court Description: Shepherd, Author, with Colloton and Arnold, Circuit Judges] Criminal case - Sentencing. For the court's opinion in defendant's direct appeal, see U.S. v. Boyd, 256 F. App's 890 (8th Cir. 2007). The district court did not abuse its discretion in denying defendant's 18 U.S.C. Sec. 3582(c)(2) motion for reduction of sentence based on its evaluation of defendant's criminal history and his conduct while incarcerated, as well as the 3553(a) factors, such as the seriousness of the danger he presented to the community if released.
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