United States v. Deshawn Travis Glover, 686 F.3d 1203

Glover pled guilty in 2005 to conspiracy to distribute and possess with intent to distribute crack cocaine and to possession with intent to distribute 50 grams+; PSR placed base level 38 for 2 kg crack, but statutory mandatory minimum life due to prior felony drug convictions raised range to life; government substantial-assistance motion yielded a 204-month sentence concurrent on two counts.
Amendment 750 (Nov. 2011) lowered base offense level for crack offenses involving 2 kg from 38 to 34 and made it retroactive under § 1B1.10(c).
Glover filed a pro se § 3582(c)(2) motion seeking reduction to a 121–151 month range based on Amendment 750; district court denied as ineligible since his range remained life because of the mandatory minimum.
Glover argued Amendment 759 (Nov. 2011) abrogated Mills and authorized a below-range reduction based on substantial-assistance notwithstanding his unchanged guidelines range.
The district court denied reconsideration; Glover timely appealed after tolling due to the reconsideration motion, and the court ultimately affirmed the denial.
The dispositive issue is whether Amendments 750 and 759 allow a § 3582(c)(2) reduction where the defendant’s guidelines range was unchanged due to a mandatory minimum.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 3582(c)(2) reductions require a lowered range here	Glover argues Amendments 750/759 lower his range	Glover contends Mills is abrogated by Amendment 759, enabling reduction	No; amendment did not lower his range due to mandatory minimum
Whether Mills controls when mandatory minimums exist	Glover asserts Mills no longer controls	Mills remains controlling where mandatory minimum keeps range unchanged	Mills controls; no reduction because range stayed life
Effect of Amendment 750 on eligibility	Amendment 750 should lower range, making him eligible	Amendment 750 did not lower range due to mandatory minimum	Amendment 750 did not lower range; ineligible under § 3582(c)(2)
Effect of Amendment 759 on authority to reduce below amended range	Amendment 759 allows reductions below amended range for substantial-assistance cases	Amendment 759 limits below-range reductions to those originally below range for substantial assistance	Amendment 759 does not permit a below-range reduction where original range was not below-amended due to mandatory minimum

United States v. Mills, 613 F.3d 1070 (11th Cir. 2010) (mandate that court lacks jurisdiction to reduce where sentencing based on mandatory minimum)
United States v. Vicaria, 963 F.2d 1412 (11th Cir. 1992) (tolls appeal period when reconsideration filed within 14 days)
United States v. Dieter, 429 U.S. 26 (U.S. 1976) (tolling rule for filing and time to appeal in criminal cases)