U.S. Court of Appeals for the Eleventh Circuit, 2012

United States v. Kelvin Ferguson

U.S. Court of Appeals for the Eleventh Circuit · Decided August 24, 2012 · Barkett, Pryor, Lawson

488 F. App'x 382

Opinion

PER CURIAM:

Kelvin Ferguson appeals from the denial of his motion to modify his sentence pursuant to 18 U.S.C. § 3582(c)(2) based on Amendment 750 to the Sentencing Guide *383 lines, which lowered the base offense level for certain crack cocaine offenses to conform the guidelines to the Fair Sentencing Act of 2010, Pub.L. No. 111-220, 124 Stat. 2372. The government now recognizes that Ferguson is eligible for relief under § 8582(c)(2). The government acknowledges that as a result of the application of Amendment 750, Ferguson’s offense level should be a 34 resulting in a guidelines range of 262 to 327 months’ imprisonment, which is lower than his current sentence, which is based on an offense level of 35, with a corresponding guidelines range of 292 to 365 months’ imprisonment. 1

Accordingly, we hereby vacate the district court’s order and remand for resen-tencing.

VACATED and REMANDED FOR RESENTENCING.

. We also note that, as it did at Ferguson’s original and prior resentencing, the government acknowledges that Ferguson also is eligible, pursuant to U.S.S.G. § IB 1.10(b)(2)(B), for a proportional reduction below the applicable guidelines range based on his substantial assistance.

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