United States v. Craig Moore
2013 U.S. App. LEXIS 22323
| 8th Cir. | 2013Background
- In 2005 Craig Moore pled guilty to conspiring to distribute >50 grams of cocaine base and faced sentencing under 21 U.S.C. §§ 841, 846.
- The government filed a § 851 information exposing Moore to a statutory mandatory life sentence, but moved for a downward departure for substantial assistance.
- The district court granted the government’s motion and sentenced Moore to 138 months' imprisonment (within the 135–168 months advisory range), plus 5 years supervised release.
- Amendment 750 (effective Nov. 2011) lowered base offense levels for certain drug offenses, which would have yielded an advisory range of 70–87 months for Moore under the amended Guidelines.
- Moore moved under 18 U.S.C. § 3582(c)(2) for a sentence reduction based on Amendment 750; the district court denied relief, reasoning Moore’s sentence was governed by a statutory mandatory minimum and thus not lowered by the amendment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Moore is eligible for a § 3582(c)(2) reduction based on Amendment 750 | Moore: The amendment lowered his “applicable guideline range” under U.S.S.G. § 1B1.10 and therefore authorizes relief | Government/District Court: Moore’s sentence was dictated by a statutory mandatory minimum (via § 851), so the amendment does not affect his guideline sentence | Court: Affirmed — Amendment 750 does not authorize relief because the sentence was based on a statutory mandatory minimum, not the Guidelines range |
Key Cases Cited
- United States v. Benson, 715 F.3d 705 (8th Cir. 2013) (discusses Amendment 750's effect on drug-offense base offense levels)
- United States v. Golden, 709 F.3d 1229 (8th Cir. 2013) (an amendment that does not lower the defendant's applicable guideline range due to a statutory mandatory minimum does not authorize § 3582(c)(2) relief)
- United States v. Baylor, 556 F.3d 672 (8th Cir. 2009) (standard of review: de novo for district court's determination of § 3582(c)(2) authority)
- United States v. Lewis, [citation="476 F. App'x 100"] (8th Cir. 2012) (per curiam) (applying the rule that Amendment 750 does not apply where the sentence rests on a statutory mandatory minimum)