822 F.3d 984
7th Cir.2016Background
- Koglin pleaded guilty to conspiracy to distribute >=1,000 kg marijuana and a related money-transaction offense; he cooperated and received a substantial-assistance motion from the government.
- PSR initially assigned base offense level 32 (1,000–3,000 kg), reduced to 30 by §2D1.1(a)(5) because Koglin qualified for a §3B1.2 mitigating-role adjustment.
- After other adjustments (firearm enhancement, mitigating-role and acceptance reductions) his final offense level was 27, criminal history I → guideline range 70–87 months.
- Statutory 10-year mandatory minimum for the conspiracy elevated the guideline sentence to 120 months, but the district court granted a §3553(e) motion and imposed 57 months.
- Amendment 782 (retroactive) lowered drug-table base levels by 2 (so 32→30); Koglin moved under 18 U.S.C. §3582(c)(2) for further reduction.
- District court denied the §3582(c)(2) motion because the amendment did not lower Koglin’s applicable guideline range; Seventh Circuit affirmed.
Issues
| Issue | Koglin's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether Amendment 782 "has the effect of lowering" Koglin's applicable guideline range under §3582(c)(2) and U.S.S.G. §1B1.10 | The court should only apply the two-level base-offense reduction from Amendment 782 and ignore interactions with other guideline provisions, which would lower his range. | Amendment 782 must be applied in a limited recalculation that can affect other guideline provisions; when applied, the net effect on Koglin's final range is zero. | Held: Amendment 782 did not lower Koglin's bottom-line guideline range because the two-level drop in the Drug Quantity Table eliminated the §2D1.1(a)(5) two-level mitigating-role reduction, yielding no net change; §3582(c)(2) relief denied. |
Key Cases Cited
- Dillon v. United States, 560 U.S. 817 (clarifies two-step §3582(c)(2) inquiry: policy-statement consistency first, then §3553(a) factors)
- United States v. Taylor, 778 F.3d 667 (7th Cir.) (explains that the relevant change is the bottom-line guideline range, not intermediate steps)