United States v. Hammond, No. 12-5522 (6th Cir. 2013)
Annotate this CaseHammond was convicted of possession with intent to distribute cocaine base. A presentence report noted that the mandatory minimum term was 120 months. At sentencing, the district court determined that a two-level enhancement for possession of a firearm did not apply and that category II overrepresented Hammond’s criminal history. Based on a total offense level of 32 and a criminal history category of I, the district court considered a range of 121 to 151 months and imposed a 121-month sentence. In 2012, Hammond moved for reduction of sentence under 18 U.S.C. 3582(c)(2) and the Fair Sentencing Act of 2010, which increased the amount of cocaine base necessary to trigger mandatory minimum sentences, 124 Stat. 2372. Revised penalties were made retroactive in 2011. The Probation Office advised that Hammond’s total offense level should be reduced by two levels to level 30, resulting in a guidelines range of imprisonment of 120 to 135 months. The district court reduced his sentence to 120 months. The Sixth Circuit affirmed. The district court applied all applicable retroactive amendments had no authority to further reduce the sentence.
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