USA v. Hassan Beasley, No. 12-15845 (11th Cir. 2014)
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Case: 12-15845 Date Filed: 03/31/2014 Page: 1 of 3 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 12-15845 Non-Argument Calendar ________________________ D.C. Docket No. 3:08-cr-00001-DHB-WLB-20 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus HASSAN BEASLEY, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Georgia ________________________ (March 31, 2014) Before TJOFLAT, JORDAN and COX, Circuit Judges. PER CURIAM: Case: 12-15845 Date Filed: 03/31/2014 Page: 2 of 3 Hassan Beasley, a federal prisoner appearing pro se, appeals the district court s denial of his motion for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2). Beasley pleaded guilty to a conspiracy to distribute crack cocaine and other drugs. He then faced a sentence guideline range of 151 to 188 months imprisonment based on his status as a career offender under U.S.S.G. § 4B1.1. The district court sentenced him to 130 months in prison. Beasley contends that he now is eligible for a sentence reduction pursuant to Amendments 750 and 759 of the Sentencing Guidelines which amended how quantities of drugs are calculated under U.S.S.G. § 2D1.1 notwithstanding the fact that his guideline range was determined based on the career offender provision in U.S.S.G. § 4B1.1. Because these amendments did not alter Beasley s sentencing range, we affirm the district court s denial of his motion for a sentence reduction. We review the district court s legal conclusions regarding the scope of its authority under 18 U.S.C. § 3582(c)(2) de novo. United States v. James, 548 F.3d 983, 984 (11th Cir. 2008). As a general rule, district courts may not modify a term of imprisonment once it has been imposed, except in specific circumstances delineated in 18 U.S.C. § 3582(c). United States v. Williams, 549 F.3d 1337, 1339 (11th Cir. 2008). Pursuant to § 3582(c)(2), the court is allowed to reduce a defendant s prison term if the defendant was sentenced to a term of imprisonment based on a sentencing 2 Case: 12-15845 Date Filed: 03/31/2014 Page: 3 of 3 range that has subsequently been lowered by the Sentencing Commission. 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 ). Amendment 750 to the Sentencing Guidelines lowered some of the drugquantity calculations used under U.S.S.G. § 2D1.1. But, Beasley s sentencing range was calculated under the career-offender guideline in U.S.S.G. § 4B1.1.1 Accordingly, Amendment 750 did not alter the sentencing range upon which his sentence was based, and § 3582(c)(2) does not authorize a reduction in sentence. See Moore, 541 F.3d at 1330. For these reasons, the district court did not err in denying Beasley s § 3582(c)(2) motion, and we affirm. AFFIRMED. 1 Beasley contends the district court actually used the sentencing range under U.S.S.G. § 2D1.1 because the court chose a downward departure from the sentencing range under U.S.S.G. § 4B1.1. We find no merit in this contention. The court chose a downward departure from the U.S.S.G. § 4B1.1 sentencing range. If the U.S.S.G. § 2D1.1 sentencing range applied, the court s sentence would instead be an upward departure. 3
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