United States v. Billy Cleveland
Opinion
Billy Cleveland appeals pro se the denial of his motion for a sentence reduction. 18 U.S.C. § 3582(c)(2). Cleveland based his motion on Amendment 782 to the Sentencing Guidelines. We affirm.
The district court did not err when it denied Cleveland’s motion for a reduction of his sentence. Cleveland, whose sentence is based on the career offender guideline, U.S.S.G. § 4B1.1, not on the drug quantity tables, id. § 2D1.1, is ineligible for a sentence reduction under Amendment 782. See United States v. Lawson, 686 F.3d 1317, 1321 (11th Cir. 2012); United States v. Moore, 541 F.3d 1323, 1327-30 (11th Cir. 2008). Cleveland challenges his classification as a career offender, but that challenge is outside the limited scope of section 3582(c)(2). See United States v. Bravo, 203 F.3d 778, 780-81 (11th Cir. 2000).
We AFFIRM the denial of Cleveland’s motion to reduce.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Billy CLEVELAND, Defendant-Appellant
- Status
- Unpublished