USA v. Jamie Larun Mobley, No. 12-13701 (11th Cir. 2013)

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Case: 12-13701 Date Filed: 04/11/2013 Page: 1 of 4 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 12-13701 Non-Argument Calendar ________________________ D.C. Docket No. 3:06-cr-00338-VMC-TEM-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JAMIE LARUN MOBLEY, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (April 11, 2013) Before CARNES, BARKETT and HULL, Circuit Judges. PER CURIAM: Jamie Larun Mobley, a federal prisoner convicted of a crack cocaine offense, appeals the district court s denial of his 18 U.S.C. § 3582(c)(2) motion for Case: 12-13701 Date Filed: 04/11/2013 Page: 2 of 4 a sentence reduction based on Amendment 750 to the Sentencing Guidelines, which revised the crack cocaine quantity tables in U.S.S.G. § 2D1.1(c). See U.S.S.G. App. C, amend. 750 (Nov. 2011). The district court concluded that Mobley was ineligible for a § 3582(c)(2) reduction because Mobley s 151-month sentence was based on his status as a career offender, pursuant to U.S.S.G. § 4B1.1. After review, we affirm. 1 Pursuant to § 3582(c)(2), the district court may reduce a defendant s prison term if the defendant was 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). 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) (providing that a § 3582(c)(2) reduction is not authorized if the amendment does not have the effect of lowering the defendant s applicable guideline range ). A sentence reduction is not authorized if the amendment does not lower the defendant s applicable guidelines range because of the operation of another 1 We review de novo a district court s conclusions about the scope of its legal authority under 18 U.S.C. § 3582(c)(2). United States v. James, 548 F.3d 983, 984 (11th Cir. 2008). 2 Case: 12-13701 Date Filed: 04/11/2013 Page: 3 of 4 guideline or statutory provision. U.S.S.G. § 1B1.10 cmt. n.1(A). As such, when a crack cocaine defendant s offense level was determined by the career offender provision, U.S.S.G. § 4B1.1, rather than § 2D1.1(c), the defendant is not eligible for a § 3582(c)(2) reduction based on amendments to the crack cocaine offense levels in § 2D1.1(c) because those amendments did not lower the sentencing range upon which the defendant s sentence was based. See Moore, 541 F.3d at 1327 (involving Amendment 706). The district court did not err in denying Mobley s request for a § 3582(c)(2) reduction. At his sentencing, Mobley was designated a career offender, and his offense level and resulting sentencing range were based on U.S.S.G. § 4B1.1, not on U.S.S.G. § 2D1.1(c). Amendment 750 did not affect the offense levels in § 4B1.1 and therefore did not lower Mobley s sentencing range. Under our binding precedent in Moore, the district court did not have authority under § 3582(c)(2) to reduce Mobley s sentence. Although Mobley argues that Moore was abrogated by the Supreme Court s recent decision in Freeman v. United States, 564 U.S. ___, 131 S. Ct. 2685 (2011), this Court recently rejected that argument in United States v. Lawson. See United States v. Lawson, 686 F.3d 1317, 1320-21 (11th Cir.), cert. denied, ___ U.S. ___, 133 S. Ct. 568 (2012) (concluding that, even after Freeman, Moore remains binding precedent in our Circuit). 3 Case: 12-13701 Date Filed: 04/11/2013 Page: 4 of 4 Mobley contends that Lawson should not control [his] appeal because, unlike the defendant in Lawson, Mobley received a U.S.S.G. § 5K1.1 downward departure for substantial assistance and was ultimately sentenced below his career offender guidelines range. This factual distinction is not a basis to ignore Lawson s conclusion that Freeman did not overrule Moore. Moreover, it is not Lawson, but Moore that controls Mobley s appeal. In Moore, one of the defendants, like Mobley, received a substantial assistance downward departure. 541 F.3d at 1330. Yet, we concluded in Moore that the defendant s sentence was based on his career offender sentencing range and that he was therefore ineligible for a § 3582(c)(2) reduction. Id. We remain bound by Moore, and, under Moore, Mobley was not eligible for a § 3582(c)(2) sentence reduction. For these reasons, the district court correctly concluded it did not have authority to reduce Mobley s sentence under § 3582(c)(2). AFFIRMED. 4

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