656 F. App'x 772
6th Cir.2016Background
- Corey Ferguson convicted in 2007 of conspiracy to possess with intent to distribute 500+ grams of cocaine and distributing cocaine; PSR treated him as a career offender under USSG §4B1.1.
- PSR computed base offense level 26, criminal history IV; career-offender designation raised offense level to 37 and CHC to VI, yielding a Guidelines range of 360 months to life.
- District court accepted the PSR, found Ferguson a career offender, granted a downward variance, and sentenced him to 300 months’ imprisonment.
- Ferguson moved under 18 U.S.C. §3582(c)(2) for a sentence reduction, later relying on Amendment 782 to the Sentencing Guidelines (and at times referencing crack/powder reforms).
- District court denied the §3582(c)(2) motion, concluding Amendment 782 does not affect career-offender calculations; Ferguson appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ferguson is eligible for a §3582(c)(2) reduction based on Amendment 782 | Ferguson: The sentence was effectively based on the drug Guidelines (§2D1.1) not the career-offender Guideline because his 300-month sentence falls within the non-career offender range | Government: The PSR and the sentencing court expressly relied on the career-offender Guidelines (§4B1.1); Amendment 782 does not alter career-offender ranges | Court: Affirmed district court — Ferguson was sentenced as a career offender; Amendment 782 does not apply to career-offender calculations, so no §3582(c)(2) relief |
Key Cases Cited
- Mistretta v. United States, 488 U.S. 361 (1989) (background on Sentencing Commission authority)
- Kimbrough v. United States, 552 U.S. 85 (2007) (discussing crack/powder sentencing disparities)
- United States v. Jackson, 678 F.3d 442 (6th Cir. 2012) (unique case where district court’s variance was treated as relying on drug Guidelines despite career-offender label)
- United States v. Riley, 726 F.3d 756 (6th Cir. 2013) (standard of review for §3582(c)(2) legal questions)
- United States v. Snow, [citation="634 F. App'x 569"] (6th Cir. 2016) (Amendment 782 does not affect career-offender Guidelines)
- United States v. Lucas, [citation="636 F. App'x 296"] (6th Cir. 2016) (Amendments 782 and 788 context and retroactivity)
- United States v. Tanner, 888 F.2d 1392 (6th Cir. 1989) (Congressional directive underlying career-offender Guidelines)