United States v. Foster, No. 12-2699 (7th Cir. 2013)
Annotate this CaseIn 2008 Foster pleaded guilty to distributing more than 50 grams of crack cocaine and was sentenced to 130 months’ imprisonment, 21 U.S.C. 841(a)(1). The Seventh Circuit dismissed his appeal as frivolous after his lawyer filed an Anders brief. Two years later, after the Sentencing Commission reduced the Guideline ranges for crack-cocaine offenses and made the changes retroactive, Foster sought a reduced sentence under 18 U.S.C.3582(c)(2). The district court cut his sentence to 120 months but held that it lacked authority to reduce it below the statutory minimum that was in effect when Foster committed his crime. The Seventh Circuit affirmed, first noting that Foster’s attorney had not identified any authority for his appointment, at public expense, to prosecute the motion. A proceeding under section 3582 is limited to the application of changes in the Guidelines and is not a full resentencing.
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