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Crack Resentencing Properly Denied Based on Court's Calculation of New Drug Amount

By Shari Allison

U.S. v. Valdez, 2009 WL 929921 (4/8/09) (unpub'd) - An unusual 18 USC § 3582(c)(2) case that calls into question the 10th's claim that those cases don't involve a real resentencing. When the defendant was initially sentenced, the district court found 1.5 kg or more of crack was involved, pursuant to the parties' stipulation. That put the defendant at the highest base offense level at the time--38. The defendant sought resentencing because the amended crack guidelines placed 1.5 kg at base offense level 36. But the 10th says the district court was right to calculate the drug amount as 4.5 kg or more, putting the base offense level back at 38, based on the uncontested statements in the PSR, which the initial court had adopted. As a result, the defendant's guideline range was not lowered and therefore § 3582(c)(2) did not apply...continue to full post

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