Amendment doesn't affect sentence

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Even though the terms of a defendant's plea agreement didn't prevent him from filing a motion to reduce his sentence, he is ineligible for the reduction under 18 U.S.C. Section 3582(c)(2) because his sentence wasn't affected by an amendment to the sentencing guidelines, the 7th Circuit Court of Appeals affirmed today.

In United States of America v. John Q. Monroe, No. 08-2945, John Monroe appealed the District Court's denial of his motion for a reduction in the length of his sentence under Section 3582(c)(2). He had pleaded guilty to possession with intent to distribute more than 50 grams of cocaine base and was sentenced to 168 months in prison. He faced a mandatory minimum sentence of 240 months if he was convicted under the charge, which became his "guideline sentence." The downward departure was based on Monroe's cooperation.

After he was sentenced, Amendment 706 to the sentencing guidelines took effect and reduced the base offense levels for drug offenses involving cocaine base by two levels. The District Court denied Monroe's motion for a sentence reduction without discussing the applicability of it to him, but it noted that a reduction wasn't appropriate.

Before ruling on if the amendment applied to Monroe's case, the Circuit Court determined that his plea agreement didn't prevent him from filing his motion. It determined that his motion for a reduction wasn't an appeal or collateral attack, as those were not allowed under the terms of his plea agreement. The federal judges disagreed with the government that motions brought under Section 3582(c)(2) are in essence collateral attacks, citing United States v. Chavez-Salias, 337 F.3d 1170 (10th Cir. 2003).

The evidence in the instant case doesn't show Monroe agreed to give up his right to seek a reduction in the length of his sentence based on a retroactive change in the sentencing guidelines, nor does it show the parties meant for Section 3582(c)(2) motions to be considered collateral attacks, wrote Judge Kenneth Ripple.

Even though he could bring the motion under the terms of his plea agreement, the District Court was correct in finding the amendment didn't apply to Monroe. He's ineligible for the reduction because Section 3582(c)(2) only permits the District Court to modify a sentence where the applicable sentencing range had been lowered. The amendment had no effect on Monroe's case because he was sentenced in accordance to the mandatory minimum sentence, rather than with the sentencing range set up in the guidelines, wrote the judge. The Circuit judges concluded their holding in United States v. Poole, 550 F.3d 676 (7th Circ. 2008), decided after briefs were filed in the instant case, is determinative.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

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  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.