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United States v. Franklin

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ARGUED OCTOBER 6, 2009

Before BAUER, WOOD, and WILLIAMS, Circuit Judges.

Lewis Franklin pled guilty in 2003 to conspiring to distribute powder and crack cocaine. The plea agreement he signed with the government provided for a term of 157 months’ imprisonment, well below the then-mandatory guidelines range. The district court sentenced Franklin to the 157-month term. Several years later, the United States Sentencing Commission reduced the offense levels for crack cocaine crimes. Franklin then filed an 18 U.S.C. § 3582(c) motion that requested a lower sentence in light of the new guidelines. The district court denied the motion because it concluded that Franklin’s sentence was not based on the guidelines but was instead based on the 157-month stipulated term in his plea agreement. In accordance with our recent decision in United States v. Ray, No. 09-2392, 2010 WL 935752 (7th Cir. Mar. 17, 2010), we affirm the district court’s decision because Franklin’s sentence was not based on a sentencing guidelines range for the purposes of 18 U.S.C. § 3582(c).

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