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Mills: Mandatory Minimum Crack Offenders Not Eligible for Crack Amendment Reductions

By Tim Cone

In U.S. v. Mills, No. 08-11760 (Aug. 5, 2010), the Court rejected the argument that defendants convicted of a crack cocaine offense who were originally subject to mandatory minimum sentences, but received substantial assistance sentence reductions below the mandatory minimums, could, in a proceeding for reduction of sentence under 18 U.S.C. § 3582(c)(2), get the benefit of the Sentencing Commission?s 2007 amendment to the crack cocaine Guidelines.The Court reasoned that the defendants were ineligible for the Guideline amendments, because their original sentences were based on the statutory mandatory minimum. The Court noted that in U.S. v. Moore it had held that career offenders were categorically ineligible for the Guideline amendment reductions...continue to full post

Full post as published by Defense Newsletter Blog on August 05, 2010 (boomark / email).