United States v. Hogan, No. 12-1039 (1st Cir. 2013)
Annotate this CaseAfter a jury trial, Appellant was convicted of conspiracy to possess with intent to distribute and distribution of cocaine and cocaine base and possession of cocaine base. The district court sentenced Appellant to 262 months' imprisonment in 2002. In 2007, the United States Sentencing Guidelines were amended to reduce crack-cocaine base offense levels. Appellant subsequently moved for and was granted a sentence reduction under 18 U.S.C. 3582(c)(2). In 2011, the guidelines were again amended, retroactively lowering the base offenses even further for crack-cocaine offenses. Appellant moved a second time for a reduction of his sentence. The district court denied the motion, concluding that Appellant was ineligible to receive that reduction because the amended guidelines range exceeded Appellant's modified sentence. The First Circuit Court of Appeals affirmed, holding that the district court did not err in determining Appellant was ineligible for a sentence reduction under 18 U.S.C. 3582(c)(2).
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