United States v. McClain, No. 10-3862 (6th Cir. 2012)
Annotate this CaseMcClain pled guilty to three counts of cocaine distribution, 21 U.S.C. 841(a)(1), (b)(1)(A), and (b)(1)(B) and entered into a plea agreement agreeing to be responsible for at least 150 but not more than 500 grams of crack, corresponding to a base offense level of 34 under U.S.S.G. 2D1.1. The court granted a three-level reduction for acceptance of responsibility. His criminal history category was VI, for a guidelines range of 188 to 235 months. Because of McClain’s prior felony drug conviction there was a mandatory minimum sentence of 240 months on two counts and 120 months on the other. The government moved for substantial assistance, 18 U.S.C. 3553(e); U.S.S.G. 5K1.1; the court granted a two-level departure, for a new offense level of 29, with a guidelines range of 151 to 188 months. The district court imposed a sentence of 151 months. November 1, 2007, U.S.S.G. Amendment 706 reduced the base offense level for most crack offenses by two levels; March 3, 2008, Amendment 713 made Amendment 706 retroactive. McClain moved for modification under 18 U.S.C. 3582(c)(2). The court denied McClain’s motion, reasoning that his sentence was based on the mandatory minimum, not a sentencing range that had been lowered. The Sixth Circuit affirmed.
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