United States v. Simpson
United States v. Simpson
Opinion of the Court
Order
In 2008 LeVence Simpson asked the district court to reduce his sentence for distributing crack cocaine, after the Sentencing Commission reduced the sentencing ranges for that substance and made the change retroactive. The district court denied the motion, because Simpson’s 240-month sentence is the statutory minimum, and the change in the Guideline ranges therefore did not affect him. We affirmed, for the same reason. United States v. Simpson, 297 Fed.Appx. 533 (7th Cir. 2008) (nonprecedential disposition). See also United States v. Forman, 553 F.3d 585 (7th Cir. 2009).
In 2010 the Sentencing Commission again reduced the ranges for crack-cocaine offenses (Amendment 750), and these changes were made retroactive effective November 1, 2011, by Amendment 759. Simpson filed another request for a sentence reduction. The district court denied this motion, and Simpson has appealed.
His appellate brief ignores the reason he lost in 2008 and again in the district court in 2011: His sentence is at the statutory minimum, so relief under 18 U.S.C. § 3582(c)(2) is impossible. The Sentencing Guidelines simply do not matter to his sentence.
Reference
- Full Case Name
- United States v. LeVence SIMPSON
- Cited By
- 1 case
- Status
- Published