546 F. App'x 927
11th Cir.2013Background
- Austin appeals the district court's denial of a § 3582(c)(2) sentence reduction.
- He was sentenced as a career offender in 1995.
- Austin argues Amendment 750 lowered the crack guidelines factored into his sentence and the FSA penalties are retroactive for § 3582(c)(2) purposes.
- Amendment 750 lowered § 2D1.1 base-offense levels but did not amend § 4B1.1 (career offender).
- This court follows Moore, Lawson, Berry, and Dorsey to determine retroactivity and eligibility for § 3582(c)(2) relief in career-offender cases.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Effect of Amendment 750 on career offenders | Austin relies on Amendment 750 to lower base levels. | Moore governs; career-offender ranges aren't lowered by § 2D1.1 amendments. | Denied; Moore controls; career offenders do not qualify for relief from § 3582(c)(2). |
| Retroactivity of the FSA for pre‑Act defendants in § 3582(c)(2) cases | FSA penalties apply retroactively to § 3582(c)(2) relief. | Berry and Dorsey deny retroactive application to pre‑Act sentences. | Denied; FSA not retroactive to Austin's pre‑Act sentence. |
Key Cases Cited
- Moore v. United States, 541 F.3d 1323 (11th Cir. 2008) (career-offender basis defeats § 3582(c)(2) relief when 2D1.1 amendments do not lower range)
- Freeman v. United States, 131 S. Ct. 2685 (Supreme Court 2011) (plaintiff-based relief questions not to abrogate Moore for career offenders)
- Lawson v. United States, 686 F.3d 1317 (11th Cir. 2012) (Freeman not clearly on point; Moore remains binding)
- Berry v. United States, 701 F.3d 374 (11th Cir. 2012) (no retroactive application of FSA to pre‑Act defendants)
- Dorsey v. United States, 132 S. Ct. 2321 (Supreme Court 2012) (FSA penalties apply to post‑Act defendants; not to pre‑Act sentencing)