Background

• Benton pleaded guilty in 2009 to possessing with intent to distribute 50 grams or more of crack cocaine under 21 U.S.C. § 841(a).
• The district court calculated a base offense level of 32, reduced by three levels for acceptance of responsibility, for a total offense level of 29, with a criminal history score of IV, yielding a guideline range of 121–151 months.
• The Government moved for a ten-level downward departure under 18 U.S.C. § 3553(e) and U.S.S.G. § 5K1.1 for substantial assistance, resulting in a recalculated guideline range of 46–57 months and Benton’s sentence of 57 months.
• Amendments retroactively lowering base offense levels for crack cocaine (Amendment 759) did not affect the sentence because the original sentence was based on a § 3553(e) departure from the statutory minimum, not on the guideline range.
• The Probation Office recommended a § 3582(c)(2) reduction applying the amended guidelines, but the Government argued Benton was not eligible because his sentence was controlled by the statutory minimum via § 3553(e).
• The district court denied any sentence reduction, and Benton appealed, arguing eligibility under § 3582(c)(2) given the lowered guidelines.

Issues

Key Cases Cited

• United States v. Carter, 595 F.3d 575 (5th Cir. 2010) (limits § 3582(c)(2) when original sentence is based on statutory minimum via § 3553(e))
• Hood v. United States, 556 F.3d 226 (4th Cir. 2009) (departure under § 3553(e) from statutory minimum; guideline range not controlling)
• Hameed v. United States, 614 F.3d 259 (6th Cir. 2010) (crack guidelines not applicable to extent of § 3553(e) departure)
• Desselle v. United States, 450 F.3d 179 (2d Cir. 2006) (departure under § 3553(e) must be based on assistance-related concerns)
• Richardson v. United States, 521 F.3d 149 (2d Cir. 2008) (second circuit on § 3553(e) departures and reductions)
• Williams v. United States, 474 F.3d 1130 (8th Cir. 2007) (limitations on reductions under § 3582(c)(2) with § 3553(e) departures)
• Johnson v. United States, 564 F.3d 419 (6th Cir. 2009) (analytic framework for § 3582(c)(2) eligibility when guideline range is superseded by statute)
• Melendez v. United States, 518 U.S. 120 (U.S. Supreme Court 1996) (§ 3553(e) requires a government motion; limits on sentence below statutory minimum)