USA v. Caswell A. Crawford, No. 12-13934 (11th Cir. 2013)

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Case: 12-13934 Date Filed: 06/28/2013 Page: 1 of 4 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 12-13934 Non-Argument Calendar ________________________ D.C. Docket No. 3:92-cr-03057-LC-EMT-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CASWELL A. CRAWFORD, Defendant-Appellant. __________________________ Appeal from the United States District Court for the Northern District of Florida _________________________ (June 28, 2013) Before HULL, WILSON and ANDERSON, Circuit Judges. PER CURIAM: Case: 12-13934 Date Filed: 06/28/2013 Page: 2 of 4 Caswell A. Crawford, 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 a sentence reduction. Crawford s § 3582(c)(2) motion was based on Amendments 706 and 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, amends. 706, 750. The district court denied the § 3582(c)(2) motion because, due to Crawford s status as a career offender, Amendment 750 had no effect on his applicable guidelines range. 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 ). 1 We review de novo the district court s legal conclusions regarding the scope of its authority under § 3582(c)(2). United States v. Moore, 541 F.3d 1323, 1326 (11th Cir. 2008). 2 Case: 12-13934 Date Filed: 06/28/2013 Page: 3 of 4 A sentence reduction is not authorized if the amendment does not lower the defendant s applicable guidelines range because of the operation of another guideline or statutory provision. U.S.S.G. § 1B1.10 cmt. n.1(A). As such, when a crack cocaine defendant is sentenced as a career offender under U.S.S.G. § 4B1.1, rather than under § 2D1.1(c) s drug quantity table, 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 the amendments did not lower the sentencing range upon which the defendant s sentence was based. See Moore, 541 F.3d at 1327-28. Here, the district court did not err in denying Crawford s § 3582(c)(2) motion because Crawford s sentencing range of 360 months to life remains the same even after Amendments 706 and 750. At his sentencing, Crawford was held accountable for 5 kilograms of crack cocaine. Using the drug quantity table, Crawford s base offense level was 40 under U.S.S.G. § 2D1.1(c)(2) (1991). However, Crawford was designated a career offender. Under the career offender provision, U.S.S.G. § 4B1.1, Crawford s base offense level was 37 and his criminal history category was VI. See U.S.S.G. § 4B1.1(A) (1991). Following § 4B1.1 s instructions, the district court applied the greater offense level level 40 under U.S.S.G. § 2D1.1(c)(2) with the criminal history category of VI, resulting in a guidelines range of 360 months to life 3 Case: 12-13934 Date Filed: 06/28/2013 Page: 4 of 4 imprisonment. See U.S.S.G. § 4B1.1 (1991). The district court ultimately imposed a 420-month sentence. Had Amendments 706 and 750 been in effect at Crawford s original sentencing, his base offense level (for 5 kilograms of cocaine base) would have been 36, instead of 40. See U.S.S.G. § 2D1.1(c)(2) (2012).2 However, because Crawford is a career offender, pursuant to § 4B1.1, the district court would have applied the greater offense level, which would have been the career offender offense level of 37. See U.S.S.G. § 4B1.1(b)(1). An offense level of 37 and a criminal history category of VI yields a guidelines range of 360 months to life, the same range that actually applied at Crawford s original sentencing. See U.S.S.G. Sentencing Table, ch. 5, pt. A. Thus, Amendments 705 and 750 did not lower Crawford s sentencing range, and, under our precedent in Moore, the district court lacked authority under § 3582(c)(2) to reduce Crawford s sentence. AFFIRMED. 2 The record does not support Crawford s claim that his total offense level would be 35 because of an acceptance-of-responsibility reduction. At his original sentencing, the district court denied Crawford s request for an acceptance-of-responsibility reduction. To the extent Crawford argues he now is entitled to such a reduction, that argument is outside the scope of a § 3582(c)(2) proceeding. See U.S.S.G. § 1B1.10(b)(1) (instructing district court to substitute only the amended guidelines provision and leave all other guideline application decisions unaffected ); United States v. Bravo, 203 F.3d 778, 782 (11th Cir. 2000) (stating that a § 3582(c)(2) does not grant the court jurisdiction to consider extraneous resentencing issues). 4

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