United States v. Hernandez, No. 09-40546 (5th Cir. 2011)
Annotate this CaseDefendant was convicted of one count of conspiracy to possess with an intent to distribute controlled substances and conspiracy to distribute controlled substances, including cocaine base (crack cocaine), and two counts of possession with intent to distribute cocaine base. Defendant appealed the denial of his motion for modification of his life sentence pursuant to 18 U.S.C. 3582(c)(2), relying on a recent amendment to the sentencing guidelines for crimes related to the possession and distribution of crack cocaine. The court held that, because the district court that sentenced defendant found that defendant was responsible for 32.5 kilograms of crack cocaine, an amount far in excess of the quantity that triggered the highest offense level under the current sentencing guidelines, the district court's denial of defendant's motion for modification of his life sentence was affirmed.
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