United States v. Aaron Anderson, Jr., 2013 U.S. App. LEXIS 3846

Anderson, Jr. was convicted of possessing with intent to distribute crack cocaine (21 U.S.C. §§ 841(a)(1), 841(b)(1)(B)).
At sentencing, the district court applied a base offense level of 34 based on an estimate showing more than 20 ounces of crack cocaine (about 567 grams).
Testimony at sentencing suggested 70 ounces (1985 grams) but the court found this estimate not persuasive, yet clearly in excess of 20 ounces, supporting level 34.
The 2011 Guidelines amendments lowered and redefined base offense levels; 32 for 280–840 g and 34 for 840–2800 g of crack cocaine.
Anderson moved under 18 U.S.C. § 3582(c)(2) for retroactive reduction; the district court denied, restating an additional finding that quantities were well in excess of 30 ounces.
The Court of Appeals reviews the district court’s § 3582(c)(2) denial for abuse of discretion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether new § 3582(c)(2) findings may be made that are consistent with, yet expand upon, prior sentencing findings.	Anderson contends district court impermissibly altered quantity finding to justify level 34 under amended guidelines.	District court may make new factual findings consistent with original determination and record.	Permissible to make new, consistent factual findings.
Whether the downgrade to base offense level under the 2011 amendments should apply to 32 instead of 34 given the quantity finding.	Anderson argues the lower base level 32 applies because quantity could be interpreted to fit that level.	Court properly maintained 34 because findings showed quantities well in excess of 30 ounces.	affirmed denial; quantity supported level 34 under amended guidelines.

United States v. Hall, 600 F.3d 872 (7th Cir. 2010) (new findings allowed if consistent with original sentencing and supported by record)
United States v. Moore, 582 F.3d 641 (6th Cir. 2009) (permissible to rely on consistent new findings under § 3582(c)(2))