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Initial Career Offender Designation Does Not Always Preclude Future Reduction of Sentence

By Jonathan Byrne

US v. Munn: In 2001, Munn was convicted of distributing more than 50 grams of crack cocaine. Although the Guidelines classified him as a career offender, the district court concluded that designation overstated Munn's criminal history and departed downwards due to that fact (Munn received an additional downward departure for substantial assistance). When the revised crack Guidelines were made retroactive, Munn filed for a reduction in his sentence under 18 USC 3582(c)(2). The district court denied the motion, concluding that because Munn was a career offender the amendments to the crack Guidelines did not change his sentencing range and he therefore was not eligible for a reduced sentence.A divided Fourth Circuit reversed the district court on appeal...continue to full post

Full post as published by Fourth Circuit Blog on February 18, 2010 (boomark / email).