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Webb: No 3582 crack reduction where no change in original sentencing range

By Tim Cone

In U.S. v. Webb, No. 08-13405 (April 13, 2009) (Birch, Marcus, Anderson), the Court held that a crack cocaine offender was not eligible for a 2-level sentence reduction pursuant to Guideline Amendment 706 and 18 U.S.C. § 3582(c)(2). The Court also held that defendants are entitled to representation by counsel in § 3582(c)(2) proceedings only at the court?s discretion, and not as a matter of right.Webb was originally sentenced pre-Booker, and given a career offender guideline level. This sentence was subsequently twice reduced based on the government?s filing of Rule 35(b) substantial assistance motions. Webb filed a § 3582(c)(2) motion to further reduce his sentence based on the 2-level crack cocaine Guideline Amendment. The district court denied this motion, reasoning that if Webb?s sentence were reduced two-levels from the original level 42 to level 40, under the career offender Guideline, his sentencing range would be unchanged at 360 months to life...continue to full post

Full post as published by Defense Newsletter Blog on April 14, 2009 (boomark / email).