United States v. Thomas, No. 14-3801 (8th Cir. 2014)
Annotate this CaseIn 2011, Thomas pleaded guilty to conspiring to distribute cocaine base (crack cocaine). The district court determined that he was a career offender, resulting in an advisory guidelines range of 188-235 months in prison, U.S.S.G. 4B1.1. The court granted a downward departure and sentenced Thomas to 180 months in prison. Thomas moved for a reduction of his sentence based on Amendment 782 of the Sentencing Guidelines, which became effective November 1, 2014, and retroactively reduced most drug quantity base offense levels by two levels. The Eighth Circuit affirmed denial of the motion, reasoning that Thomas’s base offense level and sentence were based on his status as a career offender, not on the drug quantity table. Amendment 782 did not lower the sentencing range established for a career offender; Thomas’s “applicable guidelines range” was unaffected by Amendment 782.
Court Description: Criminal case - Sentencing. Amendment 782 to the Sentencing Guidelines did not lower the sentencing range established for a career offender by Guidelines Sec. 4B1.1; since defendant was sentenced as a career offender under that provision, his applicable Guidelines range was unaffected by Amendment 782, and he was not entitled to a Section 3582(c)(2) sentence reduction. [ December 24, 2014
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