Glover: Defendant not eligible for crack Amendment reduction
By Tim Cone
In U.S. v. Glover, No. 12-10580 (July 11, 2012), the Court held that a defendant was ineligible for a sentence reduction pursuant to Amendment 750 of the Sentencing Guidelines which, effective, November 1, 2011, reduced offense levels for crack cocaine offenses.The Court rejected the government?s argument that the appeal was untimely, pointing out that Glover?s pro se motion for reconsideration of the district court?s denial of his motion for sentence reduction under 18 U.S.C. § 3582(c)(2) tolled the deadline for filing a notice of appeal.Turning to the merits, the Court noted that under the Guideline commentary to U.S.S.G. § 1B1.10, a defendant can only receive a sentence reduction based on a Guideline amendment if the amendment "actually lowers the Guideline range...continue to full post
Crack Amendment Does Not Apply to Supervised Release Violations United States v. Fontenot, ___ F.3d ___ , No. 08-1363 (10th Cir 2009) In another case of the (non-applicable) retroactive amendment reducing the crack guidelines by two levels, the 10th decides that the amendment does not apply to sentences upon revocation of supervised release...