United States v. Benjamin F. Hobbs
491 F. App'x 113
11th Cir.2012Background
- Hobbs appeals district court’s denial of his 18 U.S.C. § 3582(c)(2) motion to reduce his 274-month sentence.
- Convicted in 1994 of conspiring to possess cocaine and cocaine base with intent to distribute; held responsible for 595.5 grams of cocaine base.
- Original base offense level 36 under U.S.S.G. § 2D1.1(c)(4) with +2 for firearms; total offense level 35, CH VI, range 292–365 months.
- Hobbs was a career offender, but sentenced under § 2D1.1 because it yielded a higher level than the career offender Guideline, resulting in 292 months.
- 2008 district court reduced under Amendment 706 to a new range 262–327 months and imposed 274-month sentence.
- Hobbs argued Amendment 750 lowered his range; district court denied, concluding Amendment 750 did not alter his Guidelines range.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Amendment 750 authorizes a § 3582(c)(2) reduction for Hobbs. | Hobbs (Hobbs) contends Amendment 750 lowers base levels and reduces range. | State court (Hobbs) argues the amendment does not lower his applicable range due to career-offender status. | No, Amendment 750 does not lower Hobbs’ applicable range due to career offender status. |
| Whether the district court had authority to grant a reduction where the amendment did not lower the applicable Guidelines range. | If amendment lowers base but not the range, reduction may be warranted. | Reduction unauthorized when range remains unchanged. | Reduction not authorized because the applicable range was not decreased. |
Key Cases Cited
- United States v. Moore, 541 F.3d 1323 (11th Cir. 2008) (standard of review for § 3582(c)(2) scope of authority)
- United States v. Bravo, 203 F.3d 778 (11th Cir. 2000) (substitution of amendments into original Guidelines calculations)