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Criminal Law

: Defense Newsletter Blog

James: No 3852 reduction when offense level unchanged

By Tim Cone

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In U.S. v. James, No. 08-12067 (Nov. 12, 2008), the Court held that a crack cocaine offender was not eligible for Amendment 706?s retroactive sentence reduction, because the Amendment did not affect the calculation of James? offense level in a way favorable to him. At his original 1989 sentencing, the base offense level for James 10-15 kilos of crack cocaine was 36. The Guidelines were later amended to increase the punishment to level 38. As a result, James was not entitled to resentencing under 18 U.S.C. § 3582(c)(2).

Full post as published by Defense Newsletter Blog on November 14, 2008 (boomark / email).

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