United States v. Green, No. 17-6001 (10th Cir. 2018)Annotate this Case
In 2011, Defendant Marconia Green pleaded guilty to three counts of using a communication facility to facilitate the acquisition of cocaine powder. The district court sentenced him to 130 months’ imprisonment. Three years after Defendant’s sentencing, the U.S. Sentencing Commission promulgated Amendment 782, which reduced the base offense levels assigned to certain drug offenses by two levels. Invoking this amendment, Defendant filed a motion to reduce his sentence under 18 U.S.C 3582(c)(2). The district court denied the motion, and the Tenth Circuit Court of Appeals affirmed. Over a year later, Defendant filed another motion to reduce his sentence, again citing Amendment 782. The district court also denied this second motion. Defendant appealed the denial, arguing the district court abused its discretion in not considering all the facts and circumstances of his case. Finding no reversible error, the Tenth Circuit again affirmed.