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3582(c)(2) Reductions Not Limited to Exact Match of Previous Departure

By Jonathan Byrne

US v. Fennell: Fennell pleaded guilty to a conspiracy to distribute more than 50 grams of crack cocaine in 2005. Following a motion by the Government based on substantial assistance, Fennell received a sentence of 97 months in prison, below the 120-month mandatory minimum and Guideline range of 121-151 months. Fennell filed a motion under 18 USC 3582(c)(2) seeking a reduction of his sentence in the wake of the recent amendments to the crack Guidelines, arguing for a sentence of 80 months, a departure of comparable amount (20%) from the bottom of his new Guideline range, 100-125 months. The district court concluded Fennell was eligible for a reduction, but that he was limited to reducing his sentence to 96 months - one month less than originally imposed - because the actual new Guideline range was still controlled by the statutory mandatory minimum, and thus was actually 120-125 months...continue to full post

Full post as published by Fourth Circuit Blog on January 25, 2010 (boomark / email).