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No 3582(c)(2) Relief for Career Offender

By Shari Allison

U.S. v. Robinson, 2009 WL 1067591 (4/22/09) (unpub'd) - A little twist on the typical career offender denial of 18 USC § 3582(c)(2) relief. At the original sentencing the court applied the offense level determined by the crack quantity. But no relief, the 10th says, based on the crack amendment because the defendant's career offender offense level, which was the same as the quantity-driven level, was not reduced and trumped the amendment's reduction, even though the court did not originally rely on the career offender level.

Full post as published by Tenth Circuit Blog on April 28, 2009 (boomark / email).