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Prisoners can seek reductions of crack cocaine sentences

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The 7th Circuit Court of Appeals concluded two judges in the Northern District of Indiana should take another look at two defendants’ requests to have their sentences for crack cocaine offenses reduced based on revised sentencing guidelines.

Adolfo Wren and Anthony Moton asked the District Court to cut their sentences under 18 U.S.C. Section 3582(c)(2), but the judges declined. Both men are serving sentences below that normal statutory floor because they provided valuable assistance to prosecutors. Each received 100 months in prison, lower than the 121-151 months of the original sentencing range. The new range is 100-125 months for Wren and 84-105 months for Moton.

The District judges concluded that U.S.S.G. Section 5G1.1 prevents the men from receiving lower sentences because that section provides that when all or part of a guideline range lies below a statutory minimum sentence, the statutory minimum becomes the lower bound of the range, giving Moton an amended range of 120 and Wren a range of 120-125 months. The prosecutor argued that only defendants who are beneficiaries of a lower range can receive lower sentences.

“Only one decision we have found deals with the situation in which Wren and Moton found themselves — an original Guideline range above the statutory floor, a sentence below that floor because of substantial assistance to the prosecutor, and a retroactive change to the Guidelines that (apart from §5G1.1) permits a reduction in the sentence. United States v. Liberse, 688 F.3d 1198 (11th Cir. 2012), holds that in these circumstances the district court may grant a motion under §3582(c)(2) without resetting the Guideline range at the statutory minimum,” Chief Judge Frank Easterbrook wrote.

“The Sentencing Commission may want to take a close look at the way §1B1.10(b)(1) works when the original sentencing range is at a presumptive statutory minimum. It is difficult to see why prisoners in that situation who received a substantial-assistance or safety-valve sentence should be excluded from a retroactive Guideline reduction, while prisoners whose original ranges were just slightly above the statutory floor are eligible for the benefit of the retroactive change.”

The two defendants can seek relief under Section 3582(c)(2) as the guidelines stand, the judges held, and the 7th Circuit sent the cases back to the lower court so the District judges may exercise the discretion they possess in the cases United States of America v. Adolfo Wren and Anthony Moton, 12-1565, 12-1580.

 

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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