United States v. McCauley
2:02-cr-01012
N.D. IowaMar 14, 2012Background
- Buchanan was convicted in a 2002 federal case in the Northern District of Iowa and sentenced under career offender provisions.
- The court considered relief under 18 U.S.C. § 3582(c)(2) based on amendments lowering guideline ranges.
- Amendment 750 (Parts A and C) was made retroactive for crack offenses but does not alter career offender ranges.
- Because Buchanan’s guideline range was determined by USSG §4B1.1 as a career offender, Amendment 750 cannot reduce the sentence.
- USSG §1B1.10 and related commentary require reductions to be consistent with policy statements and to be triggered only by listed amendments.
- The court concluded no reduction under § 3582(c)(2) is warranted and directed service of the order to the parties.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Amendment 750 allows a § 3582(c)(2) reduction when career offender status applies | Buchanan argues amendment lowers applicable range. | Buchanan contends career offender status anchors range, making amendment inapplicable. | No reduction available due to career offender range. |
| Whether retroactive application of Amendment 750 affects Buchanan's eligibility | Amendment retroactivity could reduce the sentence. | Retroactivity does not affect career offender range determination. | Amendment 750 does not impact the defendant's guideline range for career offenders. |
| Whether the court must appoint counsel or hold a hearing for § 3582(c)(2) proceedings | Right to counsel or a hearing should be provided. | No right to counsel or hearing in § 3582(c)(2) proceedings. | No appointment of counsel or hearing is required. |
Key Cases Cited
- United States v. Curry, 584 F.3d 1102 (8th Cir. 2009) (limits relief when amendment does not affect career offender range)
- United States v. Collier, 581 F.3d 755 (8th Cir. 2009) (relief under § 3582(c)(2) not available to career offenders)
- United States v. Clay, 524 F.3d 877 (8th Cir. 2008) (career offender status precludes § 3582(c)(2) reduction)
- United States v. Tingle, 524 F.3d 839 (8th Cir. 2008) (career offender determination controls guideline range)
- United States v. Wyatt, 115 F.3d 606 (8th Cir. 1997) (limits applicability of § 3582(c)(2) reductions when range fixed by other provisions)