Per Curiam
Bethea pleaded guilty in June 2010 to cocaine distribution. The presentence report calculated a Guidelines range of 60 to 71 months. District court imposed an above-Guidelines 80-month sentence, citing Bethea’s additional sales of firearms, criminal history, recidivism risk, and the public danger he posed. Bethea did not appeal sentence but did appeal the court’s March 2012 denial of his 2011 application for sentence modification under 18 USC § 3582(c) based on retroactive amendments to the crack cocaine sentencing guidelines. Second Circuit vacated the denial. The court’s reasons for denying reduction did not satisfy Dillon v. United States and United States v. Wilson. On remand, district court must decide Bethea’s eligibility for sentence modification, and whether applicable 18 USC §3553(a) factors favor reduction. Second Circuit noted that under Dorsey v. United States, Bethea was not subject to a mandatory minimum sentence. Bethea was sentenced in September 2010 for crack cocaine sales occurring in early 2009. The amount of cocaine base attributed to Bethea would have subjected him to a mandatory minimum five-year sentence prior to the Fair Sentencing Act, but subjects him to no mandatory minimum under the current regime.
