United States v. Beamus, No. 19-5533 (6th Cir. 2019)
Annotate this CaseIn 2002, Beamus was convicted of conspiracy to possess 6.68 grams of crack cocaine with intent to distribute, 21 U.S.C. 841(b)(1)(B), and related firearms offenses, 18 U.S.C. 922(g)(1), 924(c)(1)(A)(i). He had prior convictions, ranging from misdemeanor unauthorized use of a motor vehicle to felony first-degree manslaughter, with many more in between. The judge imposed a 420-month sentence: 360 months for conspiracy to possess crack cocaine and 60 months for another related firearm offense, to be served consecutively, as required by statute. Since his conviction, the Fair Sentencing Act of 2010 modified the statutory range for crack cocaine convictions and there was a Guidelines reduction. Beamus moved for resentencing under the First Step Act of 2018. The district court held that his career-offender status under the Sentencing Guidelines made him ineligible. The Sixth Circuit reversed. Beamus was convicted of an offense for which the Fair Sentencing Act modified the statutory penalty, and he has not received a reduction in accordance with that Act or lost such a motion on the merits. The First Step Act contains no freestanding exception for career offenders. It makes retroactive the Fair Sentencing Act’s changes to the statutory range for crack cocaine offenses.
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