United States v. Thompson, No. 11-4120 (3d Cir. 2012)
Annotate this CaseIn 2002, Thompson was indicted on two counts, and pled guilty to one, of distributing fewer than five grams of crack cocaine (21 U.S.C. 841(a)(1)). Because he had two prior felony convictions, he qualified as a career offender under U.S.S.G. 4B1.1. Had Thompson not been classified as a career offender, his Guidelines range would have been 46 to 57 months, but he was sentenced to 151 months, the bottom of the range for career offenders. After the United States Sentencing Commission issued a retroactive amendment to the Sentencing Guidelines that lowered the base offense levels for crack cocaine offenses, Thompson moved to reduce his sentence pursuant to 18 U.S.C. 3582(c)(2). He conceded that Third Circuit precedent (United States v. Mateo, 2009) foreclosed his argument, and the district court denied the motion. The Third Circuit affirmed, concluding that Mateo remains valid in light of Freeman v. United States, 131 S. Ct. 2685 (2011).
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