United States v. Sullivan, 102319 FED7, 19-1761

Docket Nº:19-1761
Party Name:UNITED STATES OF AMERICA, Plaintiff-Appellee, v. LARRY D. SULLIVAN, Defendant-Appellant.
Judge Panel:Before WILLIAM J. BAUER, Circuit Judge DIANE S. SYKES, Circuit Judge DAVID F. HAMILTON, Circuit Judge
Case Date:October 23, 2019
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit
 
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UNITED STATES OF AMERICA, Plaintiff-Appellee,

v.

LARRY D. SULLIVAN, Defendant-Appellant.

No. 19-1761

United States Court of Appeals, Seventh Circuit

October 23, 2019

NONPRECEDENTIAL DISPOSITION

Submitted October 16, 2019 [*]

Appeal from the United States District Court for the Western District of Wisconsin, No. 3:11-cr-79-bbc-1 Barbara B. Crabb, Judge.

Before WILLIAM J. BAUER, Circuit Judge DIANE S. SYKES, Circuit Judge DAVID F. HAMILTON, Circuit Judge

ORDER

In 2012, defendant-appellant Larry D. Sullivan pleaded guilty to distributing an unspecified quantity of crack cocaine on April 19, 2011. The district court sentenced him to 168 months in prison. Sullivan did not appeal. In the following years, he filed several documents with the district court seeking a reduction in his sentence, but none were successful.

On March 12, 2019, Sullivan filed a motion in the district court seeking a reduced sentence under the terms of the First Step Act, which was signed into law on December 21, 2018. See Pub. L. 115, 391, 132 Stat. 5194 (2018). Sullivan contends in essence that, if he were sentenced today for the same offense, he would be eligible for a less severe sentence because of changes in the sentencing ranges under 21 U.S.C. § 841 and because one or more of his prior convictions that he says were used to enhance his sentencing range under § 841 would no longer qualify to trigger such enhancements. He has also argued that the criminal history calculation in his original presentence report had been incorrect.

The district court denied Sullivan's request for relief, noting that he was not sentenced under any mandatory minimum sentence affected by the First Step Act and that he was properly classified as a career offender under...

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