U.S. v. Blackmon
Decision Date | 27 October 2009 |
Docket Number | No. 09-1059.,09-1059. |
Citation | 584 F.3d 1115 |
Parties | UNITED STATES of America, Appellant, v. Derrick D. BLACKMON, Appellee. |
Court | U.S. Court of Appeals — Eighth Circuit |
Assistant U.S. Atty., Abbie Crites-Leoni, Cape Girardeau, MO, for appellant.
Assistant Federal Public Defender Michael Skrien, Cape Girardeau, MO, for appellee.
Before COLLOTON, BEAM, and BENTON, Circuit Judges.
The district court reduced Derrick D. Blackmon's sentence from 200 months to 162 months, after Amendment 706 to the Sentencing Guidelines. See 18 U.S.C. § 3582(c)(2). The government appeals, arguing that the original sentence was based on his career offender range under section 4B1.1 of the Sentencing Guidelines; this range was not lowered by Amendment 706; and thus he is not eligible for a sentence reduction under section 3582(c)(2). See U.S.S.G. § 1B1.10, comment. (n.1(A)) (eligibility for consideration under section 3582(c)(2) is triggered only by an amendment that lowers the applicable guideline range).
When a defendant is found to be a career offender under section 4B1.1, the applicable guideline range under section 3582(c)(2) is his career offender range, even if the actual sentence is a downward departure from it. See United States v. Collier, 581 F.3d 755, 759 (8th Cir.2009) ( ); United States v. Tolliver, 570 F.3d 1062, 1066-67 (8th Cir.2009) ( ).
Here, at the original sentencing, the district court adopted the presentence investigation report, finding Blackmon to be a career offender under section 4B1.1. In its Order Regarding Motion for Sentence Reduction, the district court determined that the Guidelines range, prior to any departures, was the career offender range of 262 to 327 months. As in Collier and Tolliver, the district court sentenced below the career offender range. However, unlike Collier and Tolliver, the district court in this case departed from the career offender range based on overstated criminal history under section 4A1.3(b)(3)(A) ( ). Even so, section 4B1.1 provided the applicable guideline range from which the district court departed. Because Blackmon's sentence was based on his career offender range, he is not eligible for a sentence reduction under section 3582(c)(2).
Blackmon's reduced sentence...
To continue reading
Request your trial-
U.S.A v. Flemming
...that a career offender who receives a § 4A1.3 downward departure is not eligible for a sentence reduction. See United States v. Blackmon, 584 F.3d 1115, 1116-17 (8th Cir.2009). 18. Though the Second Circuit did not explicitly discuss the Application Instructions in McGee, it nonetheless con......
-
United States v. Muldrow
...609 F.3d 381, 384 (6th Cir. 2010) ; United States v. Darton, 595 F.3d 1191, 1197 (10th Cir. 2010) ; United States v. Blackmon, 584 F.3d 1115, 1116–17 (8th Cir. 2009) (per curiam).In response to this circuit split, the Commission promulgated Amendment 759. U.S.S.G., app. C., amend. 759 (2011......
-
United States v. Goode
...United States v. Berry, 618 F.3d at 16–18 (citing United States v. Corber, 596 F.3d 763, 768 (10th Cir.2010)); United States v. Blackmon, 584 F.3d 1115, 1116 (8th Cir.2009). Under this interpretation, a defendant initially determined to be a career offender is barred from obtaining a reduct......
-
United States v. Quarles
...v. Pembrook, 609 F.3d 381, 384 (6th Cir.2010); United States v. Darton, 595 F.3d 1191, 1197 (10th Cir.2010); United States v. Blackmon, 584 F.3d 1115, 1116–17 (8th Cir.2009). 5. In Amendment 759, the Sentencing Commission stated that it “adopts the approach of the Sixth, Eighth, and Tenth C......
-
Change Attorneys and Courts Can Believe In: Reviewing the Retroactive Application of Amendments to the Federal Sentencing Guidelines in United States v. Tolliver, 570 F.3d 1062 (8th Cir. 2009)
...that 4A1.3 departures are departures from the applicable guideline range and amendment 706 is inapplicable. United States v. Blackmon, 584 F.3d 1115, 1116 (8th Cir. 129. Tolliver, 570 F.3d at 1063-64. 130. Id. at 1064. 131. Id. 132. Id. 133. Id. 134. Id. 135. Id. 136. Id. at 1065. 137. Id. ......