United States v. Norwood
548 F. App'x 550
10th Cir.2013Background
- Norwood was the leader of a crack cocaine distribution conspiracy and was convicted in 1994 on 17 drug-related counts.
- The district court sentenced him to life imprisonment based on the 1993 Guidelines at the time.
- Post-sentencing, amendments 505 (1995), 706 (2007), and 750 (2011) adjusted crack/powder guidelines but did not uniformly lower his applicable range here.
- Norwood filed § 3582(c)(2) motions in 2008 and 2012, with a supplemental brief in 2013, seeking reductions under those amendments.
- The district court denied the motions, and the appeal challenges that denial on eligibility grounds under § 3582(c)(2) and § 1B1.10.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether amendments 706 and 750 authorize a sentence reduction under § 3582(c)(2). | Norwood asserts amendments reduce his base offense level and thus his range. | Government contends amendments 706/750 do not lower his range since he trafficked at least 20 kg. | No reduction; amendments did not lower the range. |
Key Cases Cited
- United States v. Ivy, 83 F.3d 1266 (10th Cir. 1996) (finding on sentencing and quantity-based calculations relevant to eligibility)
- United States v. Hodge, 721 F.3d 1279 (10th Cir. 2013) (abuse-of-discretion standard for § 3582(c)(2) denial; de novo law questions)
- United States v. Rhodes, 549 F.3d 833 (10th Cir. 2008) (framework for § 3582(c)(2) two-step inquiry under § 1B1.10)
- Dillon v. United States, 560 U.S. 817 (2010) (two-step analysis for sentence reductions under § 3582(c)(2) and § 1B1.10)
- United States v. McGee, 615 F.3d 1287 (10th Cir. 2010) (step-one eligibility; applying § 1B1.10 constraints)
- United States v. Sharkey, 543 F.3d 1236 (10th Cir. 2008) (interpretation of retroactive amendments and base offense levels)
- United States v. Osborn, 679 F.3d 1193 (10th Cir. 2012) (impact of FSA-driven amendments on drug quantity tables)