United States v. Taylor
2010 U.S. App. LEXIS 25219
| 7th Cir. | 2010Background
- Taylor was convicted in 2001 of conspiracy to distribute and possess with intent to distribute cocaine and cocaine base, and of distributing cocaine.
- At sentencing, the offense involved 2.15 kg of crack, yielding a base offense level of 38 under § 2D1.1 (2000).
- Despite career-offender status under § 4B1.1, the court applied the higher level of 38 due to drug-quantity guidelines, producing a range of 360 months to life and a 377-month sentence.
- Taylor appealed and subsequent § 2255 challenges were denied; later, retroactive crack-cocaine amendments 706 and 713 were enacted in 2008.
- Taylor sought relief under § 3582(c)(2) in 2010, arguing amendments 706/713 lowered his range; the district court dismissed for lack of a COA, which was later challenged on appeal.
- The court ultimately held that the retroactive amendments did not lower his applicable guideline range and the Fair Sentencing Act non-retroactively applied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 3582(c)(2) motions require a COA appeal | Taylor argues COA not required for § 3582(c)(2). | Taylor's position is supported by precedent; COA not needed. | Not required for § 3582(c)(2) motions. |
| Whether Amendments 706/713 lowered Taylor's guideline range to qualify for relief | Amendments lowered base-offense level from 38 to 36, potentially altering range. | Career-offender level remains 37, so range unchanged. | Amendments did not lower the applicable guideline range; not eligible. |
| Whether the retroactive amendments actually reduced the defendant's range given career-offender status | The amended guidelines would yield a lower range. | ||
| The career-offender level offset kept the range at 360 months to life. | Did not reduce range; no § 3582(c)(2) relief. | ||
| Whether the Fair Sentencing Act applies retroactively to Taylor's § 3582(c)(2) motion | FA Act would lower his base-offense level. | FA Act does not apply retroactively. | FA Act not retroactive; cannot benefit. |
Key Cases Cited
- United States v. Woods, 581 F.3d 531 (7th Cir. 2009) (COA not required for § 3582(c)(2) motions following guilty plea)
- United States v. Monroe, 580 F.3d 552 (7th Cir. 2009) (COA not required for § 3582(c)(2) motions)
- United States v. Washington, 618 F.3d 869 (8th Cir. 2010) (amendments did not lower range; not eligible for § 3582(c)(2))
- United States v. Bell, 624 F.3d 803 (7th Cir. 2010) (FA Act not retroactive)
- United States v. Forman, 553 F.3d 585 (7th Cir. 2009) (career-offender treatment generally unaffected by Amendments 706/713)