7th Circuit: Man not eligible for sentence reduction

May 17, 2016

The 7th Circuit Court of Appeals affirmed a prisoner is not subject to a sentencing reduction after it ruled an amendment that decreased the recommended penalties for the crimes he committed did not allow for a reduction.

Kris Koglin pleaded guilty to conspiracy with intent to distribute 1,000 kilograms of marijuana and possession of marijuana with intent to distribute. He helped the government prosecute his conspirators, however, and as such as was given a sentence lower than the recommended guidelines.

Later, the U.S. Sentencing Commission adopted Amendment 782 which reduced base offense levels by two levels, including Koglin’s offenses. He applied for a reduction in sentence based on this, but the U.S. District Court for the Southern District of Indiana, Indianapolis Division, denied it, ruling the amendment did not lower his guideline range.

The 7th Circuit agreed Koglin’s guideline range was not lowered. Basically, the two-level reduction that Koglin received at sentencing is the same as the two-level reduction as the amendment. Therefore, the result is zero, meaning Koglin is not eligible for a reduction in sentence.

Koglin argued that the sentencing guidelines say to leave all other guideline application decisions unaffected, which means only the two-level reduction should be applied without regard for any other issues. But the 7th Circuit that that was a misreading of the law.

The case is United States of America v Kris Koglin, 15-1943 and 15-1946



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