USA v. Jimmy Lee Fields, No. 08-13386 (11th Cir. 2008)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 08-13386 Non-Argument Calendar ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT November 24, 2008 THOMAS K. KAHN CLERK D. C. Docket No. 94-00146-CR-T-23EAJ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JIMMY LEE FIELDS, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (November 24, 2008) Before ANDERSON, HULL and PRYOR, Circuit Judges. PER CURIAM: Jimmy Lee Fields appeals the district court s denial of his 18 U.S.C. § 3582(c)(2) motion for reduction of sentence. After review, we affirm. I. BACKGROUND In April 1995, a jury found Fields guilty of conspiracy to possess with intent to distribute cocaine and cocaine base, in violation of 21 U.S.C. §§ 841(a)(1) and 864. Because Fields s offense involved both crack cocaine and powder cocaine, the presentence investigation report ( PSI ) converted the amount of each substance into its marijuana equivalent and set Fields s base offense level at 34. Based on a total offense level of 34, and a criminal history category of III, the PSI calculated a guidelines range of 188 to 235 months imprisonment. However, Fields had prior felony drug convictions, which subjected him to a mandatory minimum term of life imprisonment, pursuant to 21 U.S.C. § 841(b)(1)(A)(iii). Because the guidelines range of 188 to 235 months was lower than the statutory mandatory minimum life sentence, the statutory mandatory minimum life sentence became his guidelines sentence. See U.S.S.G. § 5G1.1(b) (making the statutory mandatory minimum sentence the guidelines sentence if it is greater than the high end of the otherwise applicable guidelines range). The district court adopted the PSI s factual findings and guidelines calculations and imposed a life sentence. On March 3, 2008, Fields filed a § 3582 motion, seeking a modification of his sentence of life imprisonment. The motion was based on Amendment 706 to 2 the Sentencing Guidelines, which lowered the offense levels under U.S.S.G. § 2D1.1 for offenses involving crack cocaine and was made retroactive by Amendment 713. See U.S.S.G. app. C, amends. 706, 713; United States v. Stratton, 519 F.3d 1305, 1307 (11th Cir. 2008). The district court denied the motion, concluding that it was not authorized to reduce Fields s sentence. The district court explained that, because Fields was sentenced to a statutory mandatory minimum term of imprisonment, Amendment 706 did not lower Fields s applicable guidelines range. Fields filed this appeal. II. DISCUSSION Section 3582(c)(2) prohibits a court from modifying a term of imprisonment after it has been imposed except in the case of a defendant who has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission pursuant to 28 U.S.C. § 994(o). 18 U.S.C. § 3582(c)(2); see also U.S.S.G. § 1B1.10(a)(1) (Supp. May 1, 2008). However, [w]here a retroactively applicable guideline amendment reduces a defendant s base offense level, but does not alter the sentencing range upon which his or her sentence was based, § 3582(c)(2) does not authorize a reduction in sentence. United States v. Moore, 541 F.3d 1323, 1330 (11th Cir. 2008); see also U.S.S.G. § 1B1.10(a)(2)(B) (May 1, 2008) (providing that a 3 reduction is not authorized by § 3582(c)(2) if an amendment listed in subsection (c) does not have the effect of lowering the defendant s applicable guideline range ).1 Thus, if the defendant s original sentence for a crack cocaine offense was based on something other than § 2D1.1 s drug quantity tables, such as a career offender provision or a statutory mandatory minimum sentence, the defendant is not eligible for a sentence reduction because Amendment 706 does not lower the defendant s sentencing range. See Moore, 541 F.3d at 1327-28 (11th Cir. 2008); U.S.S.G. § 1B1.10, cmt. n.1(A) (Supp. May 1, 2008). Here, Fields s life sentence was based not on the amount of crack cocaine attributed to him, but rather on the statutory mandatory minimum life sentence in 21 U.S.C. § 841(b).2 Thus, although Amendment 706 lowered the base offense level for Fields s crack cocaine offense, it did not lower his applicable guidelines range. Even after Amendment 706, Fields s sentencing range remains life imprisonment pursuant to U.S.S.G. § 5G1.1(b). Therefore, the district court correctly concluded that it lacked authority under § 3582(c)(2) to reduce Fields s sentence. 1 We review de novo a district court s legal conclusion regarding the scope of its authority to modify a sentence under § 3582(c)(2). United States v. White, 305 F.3d 1264, 1267 (11th Cir. 2002). 2 Fields s arguments that the district court did not impose a life sentence pursuant to § 841(b) and that the government abandoned its argument that the life sentence was based on § 841(b) are without merit. 4 We reject Fields s argument that the district court violated United States v. Booker, 543 U.S. 220, 125 S. Ct. 738 (2005), by treating the Sentencing Commission s policy statement in U.S.S.G. § 1B1.10(a)(2)(B) as mandatory. Section 3582(c)(2), which is not advisory, independently authorizes a district court to modify a sentence only when the defendant s original sentence is based on a sentencing range that has subsequently been lowered by an amendment to the Sentencing Guidelines. See 18 U.S.C. § 3582(c)(2). And, because Fields is not eligible for a reduction under § 3582(c)(2) s standard, the district court had no occasion to consider the 18 U.S.C. § 3553(a) factors and exercise its discretion to impose a new sentence. Likewise, because Fields is not eligible for resentencing under § 3582(c)(2), we do not address Fields s remaining arguments concerning the procedures a district court must follow and the standards it must apply in determining whether to exercise its discretion and reduce a sentence. Finally, Fields s arguments regarding the deficiencies in his § 851 information are outside the scope of this proceeding, and we do not address them. See 18 U.S.C. § 3582(c)(2) (limiting proceedings under the statute to cases where a retroactive amendment affects the applicable guidelines range). AFFIRMED. 5

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