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United States v. Smith

Appellant was convicted by a jury under the 1997 sentencing guidelines. In 2008, appellant moved for a reduction in his sentence under 18 U.S.C. �3582(c)(2) based on the United States Sentencing Commission's amendments to the base offense levels for crack cocaine. Appellant argues that denying a reduction under the crack cocaine amendments ignores the "compelling need" to address sentencing disparities, amounts to a request that the circuit court make mandatory a sentencing reduction, at least when requested pursuant to the crack cocaine amendments. There is simply no basis to do so. 5th U.S. Circuit Court of Appeals, No. 08-61098, 02-03-2010

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Published opinion

Before GARZA, DeMOSS, and CLEMENT, Circuit Judges.

James Abdul Smith, federal prisoner #04751-043, was convicted by a jury of attempting to possess with intent to distribute cocaine base. His guidelines range of 262 to 327 months was calculated under the 1997 Guidelines; he was sentenced to 262 months imprisonment. In 2008, Smith moved for a reduction in his sentence under 18 U.S.C. § 3582(c)(2) based on the United States Sentencing Commission’s amendments to the base offense levels for crack cocaine. See U.S.S.G. Supp. to App’x C, Amend. 706. The district court found that the amended guidelines range would have been 210 to 262 months, but declined to reduce Smith’s sentence based on his record of 19 prison disciplinary violations. Smith timely sought reconsideration, which was denied. Smith then timely appealed.

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